Kelly v Solari (1841) 9 M&W 54, 152 ER 24
Citation:Kelly v Solari (1841) 9 M&W 54, 152 ER 24
Rule of thumb:If a payment is made to another person in error can you get this back? Yes, payments made in error must be repaid by the other person. If you have paid into an insurance policy which is deemed to be void, can you get the premiums paid back? In some circumstances, if the policy is void, then the premiums have to be paid back.
Judgment:
The basic facts of this case were that money had been paid into a life insurance policy which had not been set up. The Court held that the insurers had to be all the premiums back which had been paid into it, ‘is paid under the impression of the truth or a fact which is untrue, it may, generally speaking, be recovered back, however careless the party paying may have been, in omitting to use due diligence to inquire into the fact. In such a case the receiver was not entitled to it, nor intended to have it’. (Parke B), ‘it cannot be otherwise than unconscientious to retain it’, Rolfe B
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