Cole, Pauline v Insurance Company of the West Indies

Admissibility of statement of unavailable witness-proof of conditions precedent to reception in evidence-procedure to determine admissibility at trial-Statement must be relevant and its prejudicial effect should not outweigh its probative value-Contract of insurance is a contract uberrima fides-Assured has obligation to be truthful and make full disclosure of material facts-insurer seeking to avoid contract has a duty to establish that material facts were misrepresented/undisclosed and that it was induced by the misrepresentation/non-disclosure to accept risk on the terms it did-Insurer may in appropriate circumstances rely on presumption of inducement where there is no direct evidence-Applicable principles of interpretation of insurance contract-Breach of Warranty-Breach of Terms of Coverage of Policy-Circumstances in which insurer may avoid contract-Effect of failure of insured to refer dispute to arbitration within the time limit specified in the contract.