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United Kingdom House of Lords Decisions
You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> The Scottish Equitable Life Assurance Society v. Buist [1878] UKHL 386 (18 February 1878)
URL: http://www.bailii.org/uk/cases/UKHL/1878/15SLR0386.html
Cite as: [1878] UKHL 386, 15 ScotLR 386
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SCOTTISH_SLR_House_of_Lords
Page: 386↓
House of Lords.
(Before
v.
(Ante, July 14, 1876, vol. xiii. p. 659, 3 Rettie 1078; and July 13, 1877, vol. xiv. p. 635, 4 Rettie 1076.)
Subject_Insurance — Acquiescence — Mora — Bar — Fraud.
Facts:
Held ( aff. judgment of the Court of Session, and referring as a precedent to Anderson v. Fitzgerald, 4 Clark and Finnelly's House of Lords Gases, 484) that it was no bar to an insurance company pursuing assignees of a policy of insurance for reduction thereof on the ground of wilful fraud and misrepresentation by the insured as to his habits and state of health, that certain of the officers of the company, after acceptance of the proposal and before the death of the insured, had suspicion as to his habits, but made no inquiry and gave no intimation to the assignees till after his death.
George Moir effected an insurance on his life with the Scottish Equitable Life Assurance Society for £2000, and in the succeeding month he assigned the policy to Mr Buist, who assigned it to others, retaining part of the interest to himself. Moir died in 1875, and an action was thereafter raised by the Society to have the policy reduced on the ground of fraud and breach of warranty and false statements.
The Scottish Widow's Fund and the General Life and Fire Assurance Company also brought reductions of policies granted by them to Moir upon similar grounds. Their policies had also been assigned.
The policies were eventually reduced, it being, inter alia, found to be no defence that the policies had fallen into the hands of onerous endorsees, as reported ante, July 14, 1876, vol. xiii. p. 659, 3 Rettie 1078; and July 13, 1877, vol. xiv. p. 635, 4 Rettie 1076.
Buist, the defender in the action at the instance of the Scottish Equitable Society, appealed to the House of Lords.
In opening the case the counsel for the appellant stated that it was only fair to their Lordships to mention that in a previous case decided by the House on appeal from Ireland— Anderson v. Fitzgerald, 1853, 4 Clark and Finnelly's House of Lords Cases, 484—it had been held that misstatements and concealments such as had been made in this case were fatal to the policy. Counsel admitted that the present case could not be distinguished from that, and that it would only be wasting their Lordships' time to contend further against the judgment. *
Interlocutor appealed from affirmed, and appeal dismissed, with costs.
Counsel for Appellant— Southgate, Q.C.— Scott.
Counsel for Respondents— Herschell, Q.C.— Balfour.
_________________ Footnote _________________
* The argument submitted in the Court below on the point that the policy was in the hands of an onerous assignee, was not referred to by the appellant.