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United Kingdom House of Lords Decisions
You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> (On Appeal from the Court of Appeal in England.) Refuge Assurance Co., Ltd v. Kettlewell [1909] UKHL 1030 (05 March 1909)
URL: http://www.bailii.org/uk/cases/UKHL/1909/46SLR1030.html
Cite as: 46 ScotLR 1030, [1909] UKHL 1030
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SCOTTISH_SLR_House_of_Lords
Page: 1030↓
House of Lord.
(Before the
(On Appeal from the Court of Appeal in England.)
v.
Subject_Principal and Agent — Fraud of Agent — Principal Retaining Proceeds — Insurance — Fraud of Insurance Agent — Repayment of Paid Premiums.
Facts:
A person holding a policy of life insurance intended to give it up. An agent of the company informed her falsely that by paying for four years more she would become entitled to a fully paid-up policy. On the faith of this she continued paying premiums. At the end of the time the company refused to grant a free policy but retained her premiums.
Held that she was entitled to be repaid the premiums paid by her for the four years.
The facts of the case sufficiently appear from the rubric. Judgment in favour of the policy-holder was affirmed by the Court of Appeal ( Lord Alverstone, C.J., Sir J. Gorell Barnes, P., And Buckley, L.J.), reported [1908] 1 KB 545. The Insurance Company appealed.
At the conclusion of the argument for the appellants, their Lordships, without stating reasons, affirmed the judgment appealed against.
Appeal dismissed.
Counsel for Appellants— Manisty, K.C.— W. H. Owen—Nield—E. A. Hitchens. Agents— Hopwood & Sons, for C. M. Beaumont, Manchester.
Counsel for Respondent— Giveen. Agents— Clarkson, Green well, & Co., for John Barker, Grimsby.