ABSTRACT
The fact in issue, material fact, is to be distinguished in principle from opinion, a distinction that has been sometimes hard to draw. In the context of non-disclosure, however, the precise point at which one shades into the other is usually unimportant. For the common law defence of non-disclosure the undisclosed information must be material to the risk. If information has been disclosed of a kind to put an insurer on enquiry, the insurer should seek out the rest of the information; and if the insurer does not do so, disclosure of the latter is regarded as having been waived by the insurer. In case of fraud in an application for insurance, one might expect consequences in law more severe than mere rescission of the insurance contract dishonestly obtained. In the case of a partnership, joint insurance against partnership liability is likely.
