Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

BERGER AND LIGHT DIFFUSERS PTY. LTD. v. POLLOCK

[1973] 2 Lloyd's Rep. 442

QUEEN'S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Kerr

Marine insurance - Non-disclosure - Moulds shipped under open cover - Arrival in rusty condition - Liability repudiated on ground of non-disclosure of claused bill of lading, history of moulds and over-valuation - Whether a valued policy - Measure of indemnity - Marine Insurance Act, 1906, sects. 16, 18, 28, 57, 68. Marine insurance - Open cover - Duty to disclose material facts. Marine insurance - Non-disclosure - Test of materiality of facts not disclosed.

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