High Court of Australia
H.C. or A.
1914, ey Peru,
Oct. 29, 30; Nov. 5.
Barton, Gavan Duffy and Rich JJ.
HIGH COURT {l914.
(HIGH COURT OF AUSTRALIA.]
CAMPBELL : A ' : : Z . APPELLANT; PLAINTIFF,
AND
THE YORKSHIRE INSURANCE COM- PANY LIMITED DEFENDANTS,
} RESPONDENTS.
ON APPEAL FROM THE SUPREME COURT OF WESTERN AUSTRALIA.
Marine Insurance— Warranty —Proposal for insurance —Description of subject matter—Misstatement —Declaration as to truth of statements—Policy issued thereon— Validity of policy—Marine Insurance Act 1909 (No. 11 of 1909), secs. 32, 39, 41.
A policy of marine insurance on a racehorse was issued upon a proposal signed by the assured, which was the basis of and incorporated in the policy, and which amongst the words giving the description of the horse included a reference to its pedigree. In a subsequent part of the proposal there was a declaration by the proposer in the following terms :—'*I the undersigned do hereby warrant and declare the truth of all the above statements." The horse died, and in an action brought on the policy it was found on the evidence that the pedigree was not truly stated.
Held, by Gavan Duffy and Rich JJ. (Barton J. dissenting), that the war- ranty contained in the declaration did not include the statement as to the pedigree ; and that the statement as to the pedigree was merely part of the words designating the subject matter insured under sec. 32 (1) of the Marine Insurance Act 1909, and was not a warranty within the meaning of secs. 39 and 41 (1) of that Act; and that therefore the policy was not rendered void by the misstatement.
Decision of the Full Court of Western Australia reversed.
AppEAL from the Full Court of Western Australia.
19 C.L.R.] OF AUSTRALIA.
A. D. Campbell, the plaintiff in an action in the Supreme Court upon a policy of marine insurance, had purchased for £400 in Sydney a racehorse which he wished to use in Western Aus- tralia, and to cover the risk of shipping it to Western Australia, he applied to insure with the Yorkshire Insurance Co. Ltd. by filling in a proposal in the following form :—
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