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United Kingdom Leading Case illegality

Agapitos v Agnew (The Aegeon)

[2002] EWCA Civ 247
JurisdictionUnited Kingdom
CourtEngland and Wales Court of Appeal (Civil Division)
Year2002
StatusBinding authority

Summary

Use of fraudulent devices to promote an otherwise genuine insurance claim forfeits the entire claim under the fraudulent claims rule.

Key Principle

fraudulent devices in insurance claims; use of fraudulent means to promote genuine claim forfeits entire claim

Area of Law

insurance

Related Cases

Allianz Australia Insurance Ltd v Sim [2012] HCA 39
Certain Lloyd's Underwriters v Cross (2012) 248 CLR 378

Under Insurance Contracts Act s.54, an insurer cannot refuse a claim on the basis of the insured's breach of duty of disclosure where that breach did not cause or contribute to the loss.

Westport Insurance Corporation v Gordian Runoff Ltd (2011) 244 CLR 239

Insurance contract construction follows general commercial contract principles, requiring consideration of text in context and giving effect to the commercial purpose.

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