Jumna Khan v Bankers and Traders Insurance Company Limited [1925] HCA 48

OF AUSTRALIA. 451

Appeal allowed. Order appealed from discharged. H.C. oF A. Respondents other than the King to pay ee

Yer. icitors for the respondents, Gordon H. Castle, Crown Solicitor ioe

the Commonwealth; R. I. D. Malam, Darwin, by McCay &

costs in Supreme Court and of this appeal. Porter ; - Tae Kise; Solicitors for the appellant, Blake & Riggall. ————

B.L.

(HIGH COURT OF AUSTRALIA.)

UMNA KHAN . "i - f i . APPELLANT ;

AND

E BANKERS AND TRADERS INSUR- ANCE COMPANY LIMITED DEFENDANT,

' ResponveEnt.

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

J

Insurance—Policy—Untrue answer to question in proposal—Condition for wy © ox A

-avoidance—Iliterate proposer—Answers filled in by agent of insurer—Agent for" gon,

proposer or insurer—Warranty. es

'The appellant, who was illiterate, went to the local office of the respondent, SYDNEY, an insurance company, to insure his house and furniture against fire, and there, Nov 27. 'at the request of the agent of the respondent, signed a proposal form, the cox c4., 'agent saying that he would fix everything up. 'The agent, without asking the Issacs, Higgins, _ appellant any questions, filled in the form, and inserted in it an untrue Starke JJ. _ answer to one of the questions. In the policy which was issued upon the proposal it was provided that the insurance should at all times and in all etrtisnom be subject to the particulars in the proposal (which should in

all cases be deemed to be inserted or furnished by the insured), and to the

*

H. C. or A. 1925.

JuMNA Kaan v BANKERS AND TRADERS InsuraNcE

Co. Lrp.

HIGH COURT (1925.

conditions and stipulations on the back of the policy, and that the proposal, conditions and stipulations should constitute the basis of the insurance. In an action by the appellant upon the policy,

Held, that under the circumstances the respondent was not prevented from — relying upon the untruth of the answer in the proposal.