Kreglinger and Fernau Ltd v Irish National Insurance Company Ltd
| Jurisdiction | Ireland |
| Judgment Date | 21 December 1956 |
| Date | 21 December 1956 |
| Court | High Court |
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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