Abbildungen der Seite
PDF
EPUB

Page.

2. DISPUTES-cont.

NON-DISCLOSURE OF MATERIAL FACT [see Proposal].

PAYMENT ON DEATH.

[ocr errors]

...

...

...

...

Thomas B. Dalton and the Wesleyan and General Assurance Society-Payment on the death of a child-Age-When a child attains 10 John Gorman and the Royal London Mutual Insurance Society, Limited, and William Austin-Payment on death-Husband and wife-Funeral expenses paid by husband-Bequest of policy by wife subject to payment of funeral expenses W. J. Keef and the Pearl Assurance Company, Limited-Payment on death-Manslaughter of life assured by proposer Joseph Thomas Yardley and the Pearl Assurance Company, Limited-Payment on death-Payment, under a clause in the policy, to a person not legally entitled, on the signature of a relative by blood of the proposer POLICY. M. Pert and the City of Glasgow Friendly Society-PolicyIllegal policy-Facts constituting the illegality alleged to have been disclosed to agent-Society not bound to pay the sum assured-Return of premiums

PROPOSAL.

...

...

...

Mrs. W. L. Maddock and the British Widows' Assurance Com-
pany, Limited-Proposal-Alleged breach of warranty-Pro-
posal not signed by the proposers
Edward Cairns and the British Widows' Assurance Company,
Limited-Proposal-Alleged breach of warranty-Proposal
form signed in blank-Question as to previous medical
attention not asked
Sarah Ann Hirst Elsey and the British Widows' Assurance
Company, Limited-Proposal-Alleged breach of warranty-
Proposal form signed in blank-Question as to previous

...

...

...

...

...

...

33

34

35

36

41

41

43

44

[blocks in formation]

medical attention not asked Caroline Joyce Gardner and the London General Insurance Company, Limited-Proposal-Alleged misstatement as to health-Mental defect of life assured-Alleged non-disclosure of material fact Charles Henry Yates and the Liverpool Victoria Friendly Society-Proposal-Proposal not signed by proposer-Questions not answered by proposer-Defence to claim for sum assured on ground of misstatement in proposal-Nondisclosure-Estoppel-Rules of Collecting Society-Fraudulent misrepresentation by agent Violet Brunskill and the Pearl Assurance Company, Limited— Proposal-Proposal signed in blank-Untrue statement inserted by agent without information given by proposerInsurable interest incorrectly stated by Company's agentClaim in respect of actual insurable interest ... A. G. Haynes and the British Widows' Assurance Company, Limited Proposal-Misstatement as to previous assurancesAlleged waiver-Alleged knowledge of Company's agent as to such assurances

[blocks in formation]

Robert William Long and the Scottish Legal Life Assurance Society-Proposal-Untrue warranty-Agent informed of the true facts-Knowledge of agent imputed to principal-Collecting Society-Application of rules

...

Mrs. R. A. Barker and the Farringdon Reliance Friendly Collecting Society ...

61694

...

A 2

[blocks in formation]

2. DISPUTES-cont.

PROPOSAL cont.

Page.

[ocr errors]

Reuben Capiter and the British Widows' Assurance Company, Limited Proposal-Warranty against abnormal condition "-Pregnancy-Non-disclosure of material facts-Disclosure at time of issue of policy to proposer

TRANSFER OF ENGAGEMENTS.

Katy Adamsbaum and the Bristol, West of England and South
Wales Friendly Collecting Society-Benjamin Richards and
the Same-Amy J. Hawkyard and the
the Same-Samuel
Pritchard and the Same-Transfer of Engagements from one
collecting society to another-Policy issued outside the rules
of the transferring society-Endorsement that claim would
be paid-Alleged power to alter contract by amendment of
rules of transferee society

...

...

...

...

of

TRANSFER OF MEMBER OR PERSON ASSURED.
Elizabeth Vaughan and the Hearts of Oak Assurance Company
Limited-Transfer-New policy not issued--Receipt
premiums by agent of alleged transferee Company-Alleged
estoppel and waiver

...

...

W. J. N. Penly and the Royal Co-operative Collecting Society Transfer-Notice of Transfer without consent of alleged transferee Liability under policy of previous assurerSubsequent payment of premiums to agent of previous assurer who became agent of three other concerns successively and paid the premiums to them-Means of knowledge of person paying premiums-Claim to reckon premiums paid to previous assurer as paid

...

C. Applications under Section 32 (2)

[blocks in formation]
[merged small][merged small][merged small][merged small][ocr errors][merged small]

...

82

D. Watkins and the Britannic Assurance Company, Limited—
Application on ground of doubtful existence-Policy in
arrears at the date of the award-Construction of the
Industrial Assurance Act, 1923, Section 32 (2) ...

3. INSPECTIONS [Section 17] ...

[blocks in formation]

Inspector's Report-British Empire Collecting Society -City of Glasgow Friendly Society :...

...

5. TRANSFERS

FROM ONE SOCIETY OR COMPANY TO

ANOTHER [Section 26]

[blocks in formation]

(1) Section 21 (1), Failure to set out on policy provisions of the Act

(2) (a) Section 26, Illegal transfer

(b) Section 34, Illegal canvassing

[blocks in formation]

(3) Section 22, Taking possession of policies without giving a receipt

...

7. LEGISLATION AND STATUTORY REGULATIONS.

A. Adoption of Children Act, 1926 ...

[blocks in formation]

B. Industrial Assurance (Juvenile Societies) Act, 1926
C. Industrial Assurance (Amendment of Fees) Regulation, 1926

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][ocr errors][ocr errors][merged small]
[blocks in formation]

170

172

174

176

D. Particulars of Policies-Industrial Assurances in force as

shown by last Valuation Return

E. Summary Tables.

(1) Industrial Assurance Companies

(2) Collecting Societies

(3) Combined Statement

...

[ocr errors]

61694

A 3

Report of the Industrial Assurance Commissioner for the Year ended 31st December, 1926. Presented pursuant to the Industrial Assurance Act, 1923 (13 & 14 Geo. 5. cap. 8), S. 44.

1.-INTRODUCTORY.

Few words are required as an introduction to this, my third, Report, but there seem to be three matters to which special attention should be drawn.

1. The reports of two important inspections held by the Deputy Commissioner. They were important because they involve a consideration of the obscurities in the law relating to transfers and to the substitution of policies.

2. The notes of the prosecutions which have been undertaken during the year, and in particular that relating to transfers and that relating to the taking away of policies of one industrial assurance concern by the agent of another.

3. The unusually important series of points of law with which I have had to deal in the course of hearing disputes. Many of them have never had to be decided by any other tribunal, and I hope I may be forgiven for drawing attention to them, because I have found that the reported cases on assurance law are not only scanty but difficult to reconcile with one another and because it is obviously for the benefit of the industrial assurance business, and incidentally of the Commissioner, that these points, which are constantly arising, should be settled as far as I as competent to settle them.

For these reasons, I have sometimes thought it desirable to deal in greater detail with the existing authorities than the importance of the case before me necessarily required in order to lay down, as far as I could, general principles which those concerned in the business might subsequently apply for themselves. The decisions to which I particularly refer are that on page 24 (enforcement of representation made by agent), that on page 26 (claim for rescission and return of premiums on ground of misrepresentation), that on page 46 (non-disclosure of a material fact), that on page 56 (an application, and perhaps an extension, of the decision in Keeling's Case), and lastly that on page 60 (an endeavour, not unsucessful perhaps, to reconcile Bawden's Case with Biggar's Case).

[ocr errors]

The statistics given in this report relate to the accounts for the year 1925, received in 1926. Some period must elapse between the receipt of the accounts and the publication of complete statistics and comments, but in order that the bare figures might be available at the earliest possible moment summaries of the accounts for 1925 were published in advance. on 3rd November, 1926.

At the date of publication of this report the accounts for 1926 are being received and it is intended to publish summaries of the figures contained in them later in the present year.

2.—DISPUTES.

(A) General Remarks.

During the year, 3,069 complaints in the nature of disputes under Section 32 (1) of the Act or applications under Section 32 (2) were received, of these 2,103 were disposed of as a result of correspondence between the Department and the parties concerned without formal reference to the Commissioner, and 144 stood over to 1927.

The following table shows the number of disputes formally referred to the Commissioner for decision under Section 32 (1) and how they have been dealt with:

Disputes outstanding from 1925
Disputes referred in 1926

Awards made

...

118

...

526

...

[blocks in formation]
[blocks in formation]

Compared with 1925 there was an increase of 33 per cent. in the number of disputes referred.

In 69 cases the circumstances necessitated the evidence being taken orally out of London, and the Commissioner made 33 visits to various parts of the country for that purpose as follows:

Abertillery, Accrington, Blackburn, Blyth, Bradford, Burtonon-Trent, Cardiff, Consett, Coventry, Croydon, Dundee (two visits), Glasgow, Hanley, Hull (two visits), Ilkeston, Leeds (two visits), Leigh, Lincoln, Liverpool (two visits), Mansfield, Plymouth, Pontypridd, Preston, Sheffield (two visits), Sunderland, Swansea, Tredegar, Walsall.

61694

A 4

« ZurückWeiter »