MAHLI V ABBEY LIFE ASSURANCE

(1995) 4 Re LR 305

Court of Appeal

Before Lord Justice Balcombe, Lord Justice McCowan1 and Lord Justice Rose

Non-disclosure - Right to avoid - Waiver - Imputed knowledge - Failure to disclose medical conditions on restatement of lapsed policy - Medical conditions disclosed on medical report in respect of later application for insurance - Later application declined but premiums accepted in respect of earlier policy - Imputed knowledge - Whether knowledge sufficient to found waiver by election.