material concealment


material concealment
A concealment upon which fraud may be predicated where the fact concealed is such that had it been known to the other party he would not have entered into the contract or engaged in the transaction. 37 Am J2d Fraud § 178. In an application for insurance, the concealment of a fact material to the risk. 29 Am J Rev ed Ins § 689. In contracts of life insurance, a concealment is material when the knowledge or ignorance of the fact involved will influence the judgment of the insurer as to whether or not it will enter into the contract. Travelers Ins. Co. v Wilkins (DC Fla) 33 F 117.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • material fraud — A fraud which so influenced the conduct of the injured party in leading him to enter into the transaction that without it he would not have done so. Boulden v Stilwell, 100 Md 543, 60 A 609. See material concealment; material representation …   Ballentine's law dictionary

  • concealment — I noun camouflage, confinement, cover, deceitfulness, disappearance, disguise, disguisement, duplicity, evasion, furtiveness, hiding, incognito, inconspicuousness, invisibility, nonappearance, obfuscation, obscurity, obsuration, privacy,… …   Law dictionary

  • concealment — To conceal. A withholding of something which one knows and which one, in duty, is bound to reveal (e.g. assets in bankruptcy or divorce proceeding; health condition in insurance application). A concealment in law of insurance implies an intention …   Black's law dictionary

  • concealment — To conceal. A withholding of something which one knows and which one, in duty, is bound to reveal (e.g. assets in bankruptcy or divorce proceeding; health condition in insurance application). A concealment in law of insurance implies an intention …   Black's law dictionary

  • Concealment — As it relates to insurance, the act of purposefully not reporting information that would affect the issuance or rate of an insurance contract. If the information cannot be known to the insurer and is known to be material by the insured,… …   Investment dictionary

  • Material fact — A material fact is a fact that would be to a reasonable person germane to the decision to be made as distinguished from an insignificant, trivial or unimportant detail.[1] In other words, it is a fact which expression (concealment) would… …   Wikipedia

  • concealment — A suppression of or neglect to disclose facts which a person knows and which he ought to communicate; the nondisclosure of a fact which should be revealed. 37 Am J2d Fraud § 2; the designed and intentional withholding of any fact material to the… …   Ballentine's law dictionary

  • fraudulent concealment — The hiding or suppression of a material fact or circumstance which the party is legally or morally bound to disclose. The employment of artifice planned to prevent inquiry or escape investigation and to mislead or hinder the acquisition of… …   Black's law dictionary

  • fraudulent concealment — The hiding or suppression of a material fact or circumstance which the party is legally or morally bound to disclose. The employment of artifice planned to prevent inquiry or escape investigation and to mislead or hinder the acquisition of… …   Black's law dictionary

  • fraudulent concealment — n: the intentional failure to disclose a material fact and esp. the existence of a cause of action by one under a duty to make such a disclosure to another who acts or fails to act in reliance and suffers a loss Merriam Webster’s Dictionary of… …   Law dictionary


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