Commonwealth Consolidated Acts

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MARINE INSURANCE ACT 1909 - SECT 26

Representations pending negotiation of contract

             (1)  Every material representation made by the assured or his or her agent to the insurer during the negotiations for the contract, and before the contract is concluded, must be true. If it be untrue the insurer may avoid the contract.

             (2)  A representation is material which would influence the judgment of a prudent insurer in fixing the premium, or determining whether he or she will take the risk.

             (3)  A representation may be either as to a matter of fact, or as to a matter of expectation or belief.

             (4)  A representation as to a matter of fact is true, if it be substantially correct, that is to say, if the difference between what is represented and what is actually correct would not be considered material by a prudent insurer.

             (5)  A representation as to a matter of expectation or belief is true if it be made in good faith.

             (6)  A representation may be withdrawn or corrected before the contract is concluded.

             (7)  Whether a particular representation be material or not is, in each case, a question of fact.



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