ABSTRACT
The materiality of a fact depend on the subject-matter of the insurance, the nature of the insurance product, the perils insured against, the presentation of the risk made by the assured and the attitude of the perennial prudent underwriter. The circumstances touching upon the assured that have been treated as material have included the assureds’ identity, age, occupation, qualifications, nationality, financial history, habits or practices, health and probity. The physical or mental health of the assured or life insured is of the highest materiality particularly where the assured is insured against risks to their own well-being, common in health, life and accident policies. The habits of the assured or life insured that have an impact on health may be material. Any fact that concerns the moral hazard that the insurer runs in undertaking the insurance may be disclosable, such as prior criminal convictions or conduct or the hatching of a plan to defraud the insurer.
