What is CONCEALMENT? Definition of CONCEALMENT in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.
A withholding of something which one knows and which one, in duty, is bound to reveal. Dolcater v. Manufacturers & Traders Trust Co., D.C.N.Y., 25 F.Supp. 637, 641; Strauss v. Dubuque Fire & Marine Ins. Co. of Dubuque, Iowa, 132 Cal.App. 283, 22 P.2d 582.
The terms "misrepresentation" and "concealment" have a known and definite meaning in the law of insurance. Misrepresentation is the statement of something as fact which is untrue in fact, and which the assured states, knowing it to be not true, with an intent to deceive the underwriter, or which he states positively as true, without knowing it to be true, and which has a tendency to mislead, such fact in either case being material to the risk. Concealment is the designed and intentional withholding of any fact material to the risk, which the assured, in honesty and good faith, ought to communicate to the underwriter; mere silence on the part of the assured, especially as to some matter of fact which he does not consider it important for the underwriter to know, is not to be considered as such concealment. If the fact so untruly stated or purposely suppressed is not material, that is, if the knowledge or ignorance of it would not naturally influence the judgment of the underwriter in making the contract, or in estimating the degree and character of the risk, or in fixing the rate of the premium, it is not a "misrepresentation" or "concealment," within the clause of the conditions annexed to policies. Daniels v. Insurance Co., 12 Cush. (Mass.). 416, 59 Am.Dec. 192; Sun Ins. Office, Limited, of London v. Mallick, 160 Md. 71, 153 A. 35, 43.
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That's the definition of CONCEALMENT in Black's Law Dictionary - Legal dictionary - Glossary of legal terms. Courtesy of Cekhukum.com.
