FACTS, WHICH NEED NOT BE DISCLOSED IN INSURANCE
FACTS, WHICH NEED NOT BE DISCLOSED IN INSURANCE
(a) Facts of Law:
Ignorance of law isn't excusable - everybody is deemed to understand the law.
Overloading of goods carrying vehicles is legally banned. The transporter cannot take shelter
behind the excuse that he wasn't aware with this provision; in the vent of an accident.
(b) Facts which lessen or diminishes the Risk:
The existence of an excellent fire fighting system in the building.
(c) Facts of Common Knowledge:
The insurer is expected to understand the aspects of strife and areas vunerable to riots and of the process
followed in a specific trade or Industry. Any fact which will be known or which, by law, might be
presumed to be recognized to the insurer the insurer is presumed to understand matters of common notoriety
or knowledge, and matters which an insurer, in the standard course of his business, ought to know.
(d) Facts which may be reasonably discovered:
For e.g.the previous history of claims that the Insurer is meant to have in his record.
(e) Facts that the insurer's representative fails to notice:
In burglary and fire Insurance it's the practice of Insurance companies to depute surveyors to
inspect the premises and in case the surveyor fails to notice hazardous features and provided the
facts are not withheld by the Insured or concealed by him them the Insured cannot be Unless
inquiry is made, it's not necessary to disclose the next facts. Any fact which it's superfluous to disclose by reason of an express or implied condition.
(f) Any fact as to which information is waived by the insurer.
(g) Any fact as to which insurer is given sufficient information to place him on inquiry.
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