Trace Your Case

ISSUE:

Whether the plaintiff's husband deliberately suppressed the fact of his three lapsed policies which he should have disclosed and thereby attained the new policy by fraudulent misrepresentation?

Whether the concealment of this fact had any bearing on the risk undertaken by the defendant corporation by insuring his life which it would not have done had they known about this?

RULE:

A contract of Insurance must be done under utmost good faith on the part of the person taking insurance for his life and is under an obligation to disclose all material facts which may have a bearing on the risk undertaken by the insurer.

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