Economics 3366A/B Study Guide - Quiz Guide: Prudential Plc, Rebuttable Presumption

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An individual"s knowledge (insurer and insured) includes matters which the individual suspected and of which he would have had knowledge but for deliberately refraining from confirming them or enquiring about them s 6 ia 2015. The way in questions are asked by the insurer can be important in relation to waiver: hair v. Prudential assurance co ltd [1983] 2 lloyd"s rep 667, lord wolff: This case highlights the question about whether it is something that the insured could have made an assumption about. She had completed a proposal form in relation to home insurance. Said the buildings were kept in a good state of repair and it was inhabited at the time. There was a serious fire to the property and the insurer declined to pay out on the basis that the property was not in a good state of repair and wasn"t occupied.

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