Duration of Duty to Disclose in English Insurance Contracts

Abstract

There exist several reasons why the question of the exact time when the insured's duty to disclose material facts is relieved has been regarded ad important in insurance contracts. Firstly, it determines when the insured ceases to be under any duty to the insurer to disclose material facts of which the insured becomes aware. Secondly, it may also determine whether any fact which has later come to the insured's attention but not disclosed to the insurer is material or not, as the expiry of the duty can make this fact immaterial. In other words, the question of the time to disclose is related to the crucial issue of whether such fact can affect the insurer's judgment in deciding whether or not to take the risk, and if he does, on what terms and premium.