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MATERIAL FACTS

MATERIAL FACTS :

Material fact is every circumstance or information, which would influence the judgment of a prudent insurer in assessing the risk.

Or

Those circumstances which influence the insurer’s decision to accept or refuse the risk or which affect the fixing of the premium or the terms and conditions of the contract, must be disclosed.

A material fact is one which would have influenced the judgment of a prudent insurer in deciding whether he would accept the risk in whole or in part and, if so, at what amount of premium. The materiality of a fact depends upon the application of this test to the particular circumstances of the case as at the date that the fact should have been communicated.

Material facts may have a bearing on the physical hazard or on the moral hazard, or they may show that if a loss occurs the insurer’s liability is likely to be greater than would normally be expected.

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