Question
When Franklin purchased a six-seater aircraft in October 2019 for $670,000, he asked his insurance broker, Rosemary, to immediately arrange insurance for 12 months with
When Franklin purchased a six-seater aircraft in October 2019 for $670,000, he asked his insurance broker, Rosemary, to immediately arrange insurance for 12 months with Oxley Insurance Limited (Oxley) for that amount. Oxley's insurance proposal included the question: "Will the aircraft be used other than for private flights?" Rosemary, who filled in the proposal form for Franklin, answered "No". Franklin signed the proposal document without reading it. Rosemary was aware that Franklin intended to use the plane to give tourists scenic flights around Sydney and, in fact, Franklin used it for that purpose throughout the 2019/2020 Summer school holidays. In order to purchase the plane, Franklin had taken out a loan for $500,000 from AIR Bank Limited (AIR), secured by the plane. AIR's interest was noted on the insurance policy. On 17 February 2020, Franklin signed a contract of sale for the plane to Flightjoy Pty Ltd for $870,000, with title and delivery to be delayed until April 2020. On 24 February 2020, vandals broke into the hangar where the plane was parked and set fire to it. The plane was totally destroyed. Franklin has come to ask your advice. Ideally, he wants to enforce the contract with Flightjoy so as to get $870,000, but, at worst, he wants to claim $670,000 under the insurance policy with Oxley, so that he can repay the AIR loan.
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