 | Massachusetts. Supreme Judicial Court - 1866 - 722 pages
...use them in their contract of insurance, unless there is something to indicate a different intent. " Misrepresentation " is the statement of something...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... | |
 | Isaac Grant Thompson - 1875 - 866 pages
...facts within the knowledge of the assured. In Daniels v. Hudson River Fire Insurance Co., 12 Gush. 417, Chief Justice SHAW said : " Misrepresentation...representation was not of a positive character, but gimply the communication of the contents of a letter. It was not the assertion of a fact, in reply... | |
 | 1919 - 924 pages
...something as a fact which is untrue in fact, and which the assured states, knowing it to be untrue, with an intent to deceive the underwriter, or which...such fact in either case being material to the risk. Daniels v. Hudson, etc., Co., 66 Mass. (12 Gush.) 416, 59 Am. Dec. 192; Clark v. Union, etc., Co.,... | |
 | 1886 - 880 pages
...which is untrue, and which the assured states, knowing it to be untrue, with an intent to deceive, or which he states positively as true without knowing...such fact in either case being material to the risk. CONCEALMENT IN INSURANCE is DESIGNED AND INTENTIONAL WITHHOLDING OF FACT MATERIAL TO RISK, which the... | |
 | 1897 - 1148 pages
...untrue, or which he states positively as true without knowing It to be true, with intent to deceive, and which has a tendency to mislead, such fact in either case being material; and the materiality of a representation or concealment is a Question for the jury. Daniels v. Insurance... | |
 | John Wilder May - 1891 - 788 pages
...fact, and which the insured states knowing it to be untrue, with the intent to deceive the insurers, or which he states positively as true without knowing...such fact, in either case, being material to the risk and adverse to the insurers.1 The general doctrine undoubtedly is, that a misrepresentation, whether... | |
 | International Correspondence Schools - 1903 - 626 pages
...knowing it not to be true, with an intent to deceive the insurer, or which he states as positively true, and which has a tendency to mislead, such fact in either case being material to the '"80 Ala. 467 (18.%). >"44 Ohio 81 (1886); 67 Fed. Rep. 490 .>«1 Woods (US) 674 (1874); Ul Cal. (1895).... | |
 | Henry Campbell Black - 1910 - 1330 pages
...terms "misrepresentation" and "concealment" have a known and definite meaning in the law of insurance. Misrepresentation is the statement of something as...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... | |
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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... 
