Published January, 1995
Updated September, 2009*

*with assistance from Kelsey O’Bray

This paper outlines the law of misrepresentation and non-disclosure in the context of property and casualty insurance and attempts to examine the balance set by the courts between the respective duties of the insured to disclose and of the insurer to inquire. Some practical suggestions will be given with respect to the successful defence of claims involving breaches of the duty to disclose as well as suggestions with respect to avoiding allegations that the insurer has failed in its duty to inquire.

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