v.
Kettlewell.
Subject_Principal and Agent — Fraud of Agent — Principal Retaining Proceeds — Insurance — Fraud of Insurance Agent — Repayment of Paid Premiums.
Facts:
A person holding a policy of life insurance intended to give it up. An agent of the company informed her falsely that by paying for four years more she would become entitled to a fully paid-up policy. On the faith of this she continued paying premiums. At the end of the time the company refused to grant a free policy but retained her premiums.
Held that she was entitled to be repaid the premiums paid by her for the four years.
Headnote:
The facts of the case sufficiently appear from the rubric. Judgment in favour of the policy-holder was affirmed by the Court of Appeal ( Lord Alverstone, C.J., Sir J. Gorell Barnes, P., And Buckley, L.J.), reported [1908] 1 K.B. 545. The Insurance Company appealed.
At the conclusion of the argument for the appellants, their Lordships, without stating reasons, affirmed the judgment appealed against.
Appeal dismissed.
Counsel:
Counsel for Appellants— Manisty, K.C.— W. H. Owen—Nield—E. A. Hitchens. Agents— Hopwood & Sons, for C. M. Beaumont, Manchester.
Counsel for Respondent— Giveen. Agents— Clarkson, Green well, & Co., for John Barker, Grimsby.
Source: https://www.bailii.org/
