...particulars objected were not mentioned, is n ell founded. First. Insurance is a contract upon speculation. The special facts, upon which the contingent chance is to be computed, lie most commonly in the knowledge of the insured only : the under-writer trusts to his representation,...

...difference. " Insurance," says lord J\lansfield, " is a contract upon speculation." (3 Bun: 1909.) "The special facts upon which the contingent chance is to be computed, lie most commonly in the knowledge of the insured only ; the underwriter trusts to his representation,"...

...known to act, and professes to act, upon the information of the insured. In this kind of contract, the special facts, upon which the contingent chance is to be computed, lie almost always in the knowledge of the insured only. The insurer trusts to his representation, and...

...particulars objected were not mentioned, is well founded. First. Insurance is a contract upon speculation. The special facts, upon which the contingent chance is to * be computed, lie most commonly in the knowledge of the insured only : the underwriter trusts to his representation,...

...Carter v. J5oeAm'(8), in which his lordship observed, "First, insurance is a contract upon speculation. The special facts upon which the contingent chance is to be computed, lie most commonly in the xne keeping knowledge of the insured only. The underwriter trusts to his represent-...

...be observed in disclosing the peculiar circumstances of the case, it may be generally remarked that the special facts upon which the contingent chance is to be computed, lay in the knowledge of the insured alone ; and the insurer trusts to his representations, and acts...

...made by themselves, and not on representations coming from the assured.2 The real question is, whether the special facts upon which the contingent chance is to be computed are within the knowledge of the underwriter,3 so that, after all, there is no difference in principle...

...whereas, a warranty must always be in writing, and inserted in the poliey." 1 Arnould on Ins. 490. great strength and clearness, the general principles which...knowledge of the insured only, and the underwriter trusts tb his representation, and proceeds upon the confidence that he does not withhold any facts material...

...suppression was not with fraudulent intent on his part. In Carter v. Boehm (e) Lord Mansfield says, p. 1909, "The special facts, upon which the contingent chance is to be computed, lie most commonly in the knowledge of the insured only : the underwriter trusts to his representation,...

...suppression was not with fraudulent intent on his part. In Carter v. Boehm (e) Lord Mansfield says, p. 1909, "The special facts, upon which the contingent chance is to be computed, lie most commonly in the knowledge of the insured only : the underwriter trusts to his representation,...