Accountancy, asked by deepdeos, 11 hours ago

M holds all the shares (except one) in a timber concern and is also its substantial creditor. He gets the company's timber insured in his own name. Unfortunately, the timber is destroyed by fire and M claims to re-imbursement of loss from the insurance company. Is the insurance company liable to reimburse the loss and pay to M?​

Answers

Answered by jeevanseervi1983
0

Answer:

Macaura v Northern Assurance Co Ltd [1925] AC 619

Company Law, Insurance, House of Lords, claim

Macaura v Northern Assurance Co Ltd [1925] is an important case concerning the insurance policy and the appellant’s claim of the property.

Keywords:

Company law – Insurance police – Fire – Property – Insurance claim failed – House of Lords – Appeal dismissed

Facts:

In the case of Macaura v Northern Assurance Co Ltd [1925], the appellant, Mr Macaura, owned several timber estates in Ireland. He sold them to a company in return for nearly all of the company’s share capital. Afterwards, Mr Macaura insured the timber with the defendant company in his own name. Later on, a fire on the estate destroyed the timber. Mr Macaura brought an insurance claim on the policies. The defendant denied the appellant’s claim and alleged that the timber was no longer his property to insure as it now belonged to the company.

Issue:

Whether the appellant had any claim under the insurance policy?

Held:

The House of Lords dismissed the appeal and held that the appellant had no claim over the goods. The timber was the property of the company and did not belong to him anymore. The fact that the appellant was the company’s major creditor and its beneficial shareholder made no difference. In any case, the timber that was exposed to fire was not his property and he could not raise any claim under the insurance policy.

Approved: Moran Galloway & Co v Uzielli [1905] 2 K.B. 555, [1905] 3 WLUK 86.

Considered: Godsall v Boldero 103 E.R. 500, [1807] 11 WLUK 40.

Read our cases and notes on Company Law to learn more!

Are you a Law Student Aiming for a First Class Degree?

Commit Less Time, Get Higher Grades

We offer simple study resources made by top students and graduates.

What is SimpleStudying?

Excellent

4.76 based on

46 reviews

Jen D

Verified Customer

I am so happy I found this website for law study groups and tutorial. My one to one tutorial was perfect with clarity. The tutor was precise and clear with her lessons and instructions. I was struggling as a law student, simple study has been my lifesaver as i’m no longer scared of courseworks. If there was anything like ten stars, I would definitely give it. A must recommend to anyone looking to achieve a higher grade in their coursework. The best study platform to be.

4 days ago

Khatia

Verified Customer

this is the best platform i have ever used

1 week ago

jamil

Verified Customer

Simple Study is helpful especially to law Students how are aspiring to become good Lawyers. I would have recommend it for every Law student. Thanks. Jamil Yahaya

Lagos, Nigeria, 3 months ago

sajini

Verified Customer

Excellent. I'm very happy

, Netherlands, 3 months ago

timothyp

Verified Customer

Very clear, concise and informative articles.

Thame, United Kingdom, 3 months ago

Ann

Verified Customer

The service was efficient and professional. The general feedback in the one-on-one sessions and each tutorial was constructive, detailed, meaningful and generally effective in realising my goals. As a result, I successfully obtained a 1st and three 2.1 in my final assessments. Highly recommended.

3 months ago

Ishmael S

Verified Customer

Very resourceful. I love this place Ishmael Sallieu Koroma, Freetown, Sierra Leone.

4 months ago

Akinyemi

Verified Customer

My name is Akin , I can confirm that since I discovered simple studying, life has almost become perfect for me. I find law module very easy to understand with the help of their free sessions and the online notes. I scored over 70 % in my Client Practice module last term.

5 months ago

Anonymous

Verified Customer

Amazing service. I was really struggling to understand banking law but the team have arranged such helpful notes and offer tutoring to explain the content. I achieved a solid 2:1 in banking law!

8 months ago

kannya

Verified Customer

SimpleStudying has summarized all the facts I need to fully grasp the subjects I'm currently studying. Thank you.

Johor Bahru, Malaysia, 8 months ago

Our membership includes

CLICK ON ICONS FOR PREVIEWS

Notes icon

Notes

Essays icon

Essays

Tutorial Videos icon

Tutorial Videos

Quizzes icon

Quizzes & Flashcards

Study/Exam Tips icon

Study/Exam Tips

Interactive Learning Platform icon

Interactive Learning Platform

Quick Links:

HomeStudy TipsExam TipsYour MembershipStudent AmbassadorBlog

Our Team:

About UsContact UsOur PartnersJoin Our Team

Legal:

Terms & ConditionsPrivacy PolicyCookies Policy

Subscribe:

email address

Copyright © 2019 - 2021 SimpleStudying is a trading name of SimpleStudying Ltd, a company registered in England and Wales. Company registration No: 12373336. Registered office: Unit 6 Queens Yard, White Post Lane, London, England, E9 5EN.

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities...

Necessary

Always Enabled

Non-Necessary

Similar questions