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- Title
THE DOCTRINE OF CONCEALMENT: A REMNANT IN THE LAW OF INSURANCE.
- Authors
HARNETT, BERTRAM
- Abstract
The article focuses on the doctrine of concealment in an insurance contract. It states, successful insurance underwriting means the ability to select and control risks, since the goal is to make the premium charged commensurate with the risk. It states the insurers rely upon their contracts to define the insured events, the excepted clauses and to lay down conditions of coverage. It states that concealment, in private insurance law, is essentially a non-disclosure unlike the customary meaning in law of contracts where it means an intentional act to hide the existence of a material factor. It states that in modern insurance practice, concealment occurs as a litigious practice in situations including insurance policies written without formal application like inland marine and fidelity.
- Subjects
INSURANCE law; CONCEALMENT (Criminal law); INSURANCE; INSURANCE companies; CLAUSES (Law); INSURANCE premiums; RISK; INLAND marine insurance; SURETY &; fidelity insurance
- Publication
Law & Contemporary Problems, 1950, Vol 15, Issue 3, p391
- ISSN
0023-9186
- Publication type
Article
- DOI
10.2307/1189970