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Whitegold Marine Services vs. Pioneer Insurance: Case Issue Doctrine
Whitegold Marine Services vs. Pioneer Insurance: Case Issue Doctrine
PhilamCare Health
Systems vs CA
Issue
w/n petitioner is engaged
in insurance business.
Doctrine
A P & I Club is a form of insurance against
third party liability, where the third party is
anyone other than the P & I Club and the
members.
If this will be asked cite the requisites of
insurance contract ;)
NO. Where matters of opinion or judgment are
called for, answers made in good faith and
without intent to deceive will not avoid a policy
even though they are untrue. Thus, although
false, a representation of the expectation,
intention, belief, opinion, or judgment of the
insured will not avoid the policy if there is no
actual fraud in inducing the acceptance of the
risk, or its acceptance at a lower rate of
premium, and this is likewise the rule although
the statement is material to the risk, if the
statement is obviously of the foregoing
character, since in such case the insurer is not
justified in relying upon such statement, but is
obligated to
make further inquiry.
Yes. It was its intention to exclude and exempt
from protection and coverage losses arising
from dishonest, fraudulent, or criminal acts of
persons granted or having unrestricted access to
Producers' money or payroll. The robbers were
considered as representative/employees of the
bank.