Judgments

Case #: 117 of 2015
COLINA INSURANCE LIMITED AND ENOS GARDINER

contract of life insurance – uberrima fides – utmost good faith – death of policyholder within contestability period of policy – refusal by insurer to pay sum assured under the life policy – non-disclosure of material facts – incontestability clause – whether insurer required to plead inducement – whether insurer failed to establish its case – Supreme Court Practice Direction No 2 (1974-1978) – Evidential status of agreed trial bundles – Effect of failure to object during trial to admissibility of the contents of documents in agreed bundle – Hearsay evidence Documentary hearsay – Exception to hearsay rule – Admission of policyholder\\\'s medical record as proof of facts stated therein – Primary and secondary evidence of contents of documents – Sections 37, 38, 39, 41,

Pending before Privy Council?: no

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Written / Supreme Civil / Insurance Matter
by Justice(s) Hon. Madam Justice Crane-Scott JA., Hon Mr. Justice Jones, JA. and Hon Mr. Justice Evans, JA.
Date Added:
04/04/2019

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