Dawsons Ltd v Bonnin

A basis of the contract clause, which made the truth of answers in a proposal form a condition of the policy, entitled the insurer to avoid the policy for an inaccurate answer, even though it was immaterial.

Citation
[1922] 2 AC 413
Court
House of Lords
Year
1922
Subject
Insurance Law
Topic
Utmost good faith, disclosure, warranties and insurable interest

Facts

Dawsons insured a lorry against fire and other risks. In the proposal form, which contained a basis clause making the answers the basis of the contract, it stated by mistake that the lorry would usually be garaged at its office address in Glasgow, when it was in fact kept at a farm on the outskirts of the city. The lorry was destroyed by fire. The insurers refused to pay, relying on the misstatement. The arbitrator found that the misstatement was not material to the risk.

Legal principle

The House of Lords held, by a majority, that the insurers were not liable. Viscount Haldane said that, by the basis clause, the parties had agreed that the accuracy of the statement was a condition of the policy, so that the insurers were entitled to avoid the policy if it was untrue, whether or not it was material. The court gave effect to the clear words of the contract. The use of basis clauses to convert all answers in a proposal form into warranties was abolished for consumer insurance by the Consumer Insurance (Disclosure and Representations) Act 2012 and for business insurance by the Insurance Act 2015.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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