Misrepresentation in marine policy
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 9 U.S. 100 - Hodgson v. The Marine Insurance Company of Alexandria · 1809Most cited · 20 citing opinions
It is not on the doctrine of seaworthiness that a misrepresentation is held to vitiate the policy, because the insured is always held to guaranty the sufficiency of his vessel to perform the voyage insured. Nor is it an evident and necessary increase of the risk; but it is presenting such false lights to the insurer, as induce him to enter into a contract materially different from that which he supposes he is entering into. It is a rule of law introduced to protect underwriters from those innumerable frauds which are practised upon them in a contract which must of necessity be regulated almost wholly by the information derived from the insured.