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TITLE	[Insurance Proceeds, etc.; Affirmation of Non-existence of Debt]Supreme Court Decision 2004Da22711, 22728 Delivered on March 25, 2005 [full Text]
Summary
[1] Whether the insurer may avoid the insurance contract, to which the insurance terms of the English Institute Time Clauses (Hulls) [1983] apply, for breach of the ""duty of utmost good faith"" as stipulated in Section 17 of the English Marine Insurance Act, in case where the insured claims for insurance proceeds in the fraudulent manner after the loss occurred (affirmative) [2] The case holding that the insurer may avoid the vessel insurance contract, to which the insurance terms of the English Institute Time Clauses (Hulls) [1983] apply, based on the insured’s breach of the duty of disclosure or the duty of utmost good faith

TITLE

[Insurance Proceeds, etc.; Affirmation of Non-existence of Debt]Supreme Court Decision 2004Da22711, 22728 Delivered on March 25, 2005 [full Text]

Summary

[1] Whether the insurer may avoid the insurance contract, to which the insurance terms of the English Institute Time Clauses (Hulls) [1983] apply, for breach of the ""duty of utmost good faith"" as stipulated in Section 17 of the English Marine Insurance Act, in case where the insured claims for insurance proceeds in the fraudulent manner after the loss occurred (affirmative) [2] The case holding that the insurer may avoid the vessel insurance contract, to which the insurance terms of the English Institute Time Clauses (Hulls) [1983] apply, based on the insured’s breach of the duty of disclosure or the duty of utmost good faith

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