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Fiji Islands - Court of Appeal Digest 1991-2000 - Insurance |
FIJI COURT OF APPEAL
INDEX AND DIGEST
1991 – 2000
MICHAEL DISHINGTON SCOTT B.A. (Lond.)
Of Gray’s Inn, Judge of the High Court of Fiji
PARTIES
SUBJECT
DESCRIPTION
FCA
NO.
PAGE
NO.
Blueshield (Pacific) Insurance v. Maureen Chandra Wati
INSURANCE
Nature of insured's duty of disclosure- inordinate delays in the litigation deplored- appeal dismissed.
48/95
97/342
CMLA v. Prabha Shandil
INSURANCE
Insurance Act (Cap 217) Section 83- a nomination does not depend for its effectiveness on notification to the insurer before payment – a nominee's entitlement is not part of a deceased's property - on the death of the original policy holder the legal holder of the policy is the nominee.
56/96
97/414
Dominion Insurance Ltd. v. Ali Sher
INSURANCE
Loss of stock caused by flood- level to which water rose- meaning of terms “ground level” and “floor level” as used in policy- appeal dismissed.
60/97
99/205
Dominion Insurance Ltd v Sea
INSURANCE
Where the insurer extends time for payment Island Paper & Stationery Ltd of a premium the validity of the policy is not affected by non payment at the time of the risk- validity of renewal certificate- whether insurer entitled unilaterally to vary contract of insurance- whether average clause a term of the contract- interest on judgment sum- method of determining- award varied.
8/97
98/187
Dominion Insurance Ltd v Westpac Banking Corporation
INSURANCE
Loss of vessel- marine insurance- whether policy current- effect of non payment of premium- need for unambiguity in renewal certificate- whether award of costs on common fund basis justified- appeal partly allowed.
5/97
98/506
Jadu Nadan v. Queensland Insurance Company
INSURANCE
Fire Insurance Policy-refusal by insurer to pay on grounds of alleged misrepresentation and non disclosure-refusal upheld by High Court-whether appellant had sufficient insurable interest-whether non disclosure innocent-whether material to risk undertaken by insurer-whether section 12 of Crown Lands Act(Cap. 132) relevant-appeal allowed.
44/89
92/432
Jitendra Chand Lal & Anr. v Car Rentals Pacific Ltd
INSURANCE
Rental car-traffic accident-Judgement in default of defence -application to set aside dismissed- insurance policy having no relevance to defendant’s liability -liquidated sum-remitted to High Court to assess damages –circumstances in which legal practitioners liable personally to pay costs wasted- RHC 062 r(8) –appeal partly allowed.
70/91
93/184
Loganandan Pillay v Subhash Chand & The New India Assurance Co. Ltd
INSURANCE
Application to admit fresh evidence on appeal- principles applicable- third party policy of insurance- whether owner of goods travelling with them indemnified- damages for personal injuries- appeal allowed- award reduced.
64/96
98/370
New India Assurance Co. Ltd v. Shambhu Prasad
INSURANCE
Persons living elsewhere and only occasionally visiting premises do not inhabit them.
10/98
99/53
Suresh Charan v. National Insurance Co. Ltd
INSURANCE
Judgment in default of appearance- no arguable defence- no entitlement to have judgment set aside as to liability- insurance claim- not a claim for unliquidated damages- interlocutory judgment substituted with damages to be assessed- order for costs varied.
67/98
99/264
© Michael Dishington Scott 2000
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