MALHI v. ABBEY LIFE ASSURANCE CO. LTD.

[1996] LRLR 237

COURT OF APPEAL

Lord Justice BALCOMBE:

Insurance (Life) - Non-disclosure - Imputed or constructive knowledge - Insurance on joint lives of plaintiff and her husband - Husband died in India - Insurers rejected claim for non-disclosure - Whether insurers had imputed knowledge or constructive knowledge of facts relating to deceased’s state of health prior to his death - Whether insurers had waived right to avoid policy for non-disclosure.