Material non-disclosure in insurance contracts requires proof that the non-disclosure induced the actual underwriter to enter the contract, not merely that a prudent underwriter would have been influenced.
insurance
Under Insurance Contracts Act s.54, an insurer cannot refuse a claim on the basis of the insured's breach of duty of disclosure where that breach did not cause or contribute to the loss.
Insurance contract construction follows general commercial contract principles, requiring consideration of text in context and giving effect to the commercial purpose.
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