Kreglinger and Fernau Ltd v Irish National Insurance Company Ltd

JurisdictionIreland
Judgment Date21 December 1956
Date21 December 1956
CourtHigh Court
Kreglinger and Fernau, Ltd.
and
Irish National Insurance Co., Ltd.

Contracts for delivery of cargoes of chilled meat - Issue of performance bonds by insurance company - Whether contracts of insurance guarantee - Uberrima fides - Nondisclosure of material facts - Onus of proof.

In a contract of insurance, the duty to make full disclosure of all matters material to the risk rests upon the insured, and it does not fall to the insurer to relieve him of that duty by making enquiries. Nevertheless the insured does not have to conduct the insurer's business for him; so that where a contract, the performance of which the insurer is asked to cover, contains a clear intimation that a matter, which is specifically referred to, but not fully set out, is of importance, then such intimation may be sufficient to put the insurer upon enquiry. So held by Davitt P. Foley and Another v. Tabor,ENR 2 F. & F. 663; Asfar and Co.v. BlundellELR [1896] 1 Q.B. 123; Joel v. Law Union and Crown Insurance Co.ELR [1908] 2 K.B. 882; Mann Macneal and Steeves v. Capital and Counties Insurance Co.ELR [1921] 2 K.B. 300; and The BedouinELR [1894] P. 1 approved. Held further that the distinction between a contract of insurance and a contract of...

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6 cases
  • Surton Harding v Insurance Company of the West Indies Ltd
    • Jamaica
    • Supreme Court (Jamaica)
    • 20 March 2013
    ...fidei is not a charter for indolent insures’ 66 Reference was also made to the dictum of Davitt P. in the case of Krelinger and Fernau Ltd. v. Irish National Insurance Co. Ltd [1956] I.R 116 at 151 where he said:- ‘While the duty to make full disclosure of all matters material to the risk ......
  • Ganley v RTE
    • Ireland
    • High Court
    • 15 February 2017
    ...understood the issues involved in the action.... These principles were applied by the Supreme Court in... Kreglinger and Fernau v. The Irish National Insurance Company [a decision of the Supreme Court from 1954 which is belatedly reported at [2000] 2 I.L.R.M. 386] in which that Court revers......
  • Manor Park Homebuilders Ltd v AIG Europe (Ireland) Ltd
    • Ireland
    • High Court
    • 13 June 2008
    ...Kennedy's Arbitration [1950] IR 85, Hussain v Brown [1996] 1 Lloyd's Rep 627, Krelinger and Fernau Ltd v Irish National Insurance Co Ltd [1956] IR 116 and AMP Financial Planning PTY Ltd v CGU Insurance Ltd [2005] FCAFC 185 considered - Declaration that defendant pay plaintiff on foot of p......
  • Winter v Irish Life Assurance Plc
    • United Kingdom
    • Queen's Bench Division
    • Invalid date
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