Question
Question ( Implied terms/ Customary usage) Dracula Pty Ltd (D) required insurance for its various business risks. It engaged Jeckel & Co (J) an insurance
Question ( Implied terms/ Customary usage) Dracula Pty Ltd (D) required insurance for its various business risks. It engaged Jeckel & Co (J) an insurance broker who recommended Hyde Insurance Co Ltd (HI).They agreed to insure D and the contract was arranged by J. Premium payments were made directly to J, however, J failed to pass the premiums on to HI. When J went into liquidation, HI commenced legal action against D to recover the unpaid premiums. D wants to defend the claim by arguing that there was an "implied term" in the insurance contract that payments of the premiums need only be made to the broker J and that such payments discharged its obligation to HI. Discuss the legal position of D both under common law and statute law.
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