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" is the statement of something as fact, which is untrue in fact, and which the assured states, knowing it to be not true, with an intent to deceive the underwriter, or which he states positively as true, without knowing it to be true, and which has a... "
Reports of Cases at Law and in Chancery Argued and Determined in the Supreme ... - Página 128
por Illinois. Supreme Court - 1874
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Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Volumen66

Massachusetts. Supreme Judicial Court - 1866 - 722 páginas
...use them in their contract of insurance, unless there is something to indicate a different intent. " Misrepresentation " is the statement of something...such fact in either case being material to the risk. " Concealment" is the designed and intentional withholding of any fact material to the risk, which...
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The American Reports: Containing All Decisions of General ..., Volumen14

Isaac Grant Thompson - 1875 - 866 páginas
...facts within the knowledge of the assured. In Daniels v. Hudson River Fire Insurance Co., 12 Gush. 417, Chief Justice SHAW said : " Misrepresentation...representation was not of a positive character, but gimply the communication of the contents of a letter. It was not the assertion of a fact, in reply...
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The Northeastern Reporter, Volumen123

1919 - 924 páginas
...something as a fact which is untrue in fact, and which the assured states, knowing it to be untrue, with an intent to deceive the underwriter, or which...such fact in either case being material to the risk. Daniels v. Hudson, etc., Co., 66 Mass. (12 Gush.) 416, 59 Am. Dec. 192; Clark v. Union, etc., Co.,...
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The American Decisions: Containing All the Cases of General Value ..., Volumen59

1886 - 880 páginas
...which is untrue, and which the assured states, knowing it to be untrue, with an intent to deceive, or which he states positively as true without knowing...such fact in either case being material to the risk. CONCEALMENT IN INSURANCE is DESIGNED AND INTENTIONAL WITHHOLDING OF FACT MATERIAL TO RISK, which the...
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Atlantic Reporter, Volumen37

1897 - 1148 páginas
...untrue, or which he states positively as true without knowing It to be true, with intent to deceive, and which has a tendency to mislead, such fact in either case being material; and the materiality of a representation or concealment is a Question for the jury. Daniels v. Insurance...
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The American and English Encyclopedia of Law, Volumen11

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1890 - 1210 páginas
...v. American Ins. Co.. 3 Woodb. & M. (US) 529; Northwestern etc. Aid Ass'n v. Cain. 21 111. App. 471. "Misrepresentation is the statement of something as...such fact in either case being material to the risk." SHAW, CI, in Daniels t<. Hudson River F. Ins. Co., 12 Cush. (Mass.) 416. If the applicant makes answers...
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The American and English Encyclopedia of Law, Volumen11

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1890 - 1214 páginas
...knowing it to be not true, with an intent to deceive the underwriter, or which he states positivelv as true without knowing it to be true, and which has...such fact in either case being material to the risk." SHAW, С. Т.. in Daniels r. Hudson River F. Ins. Co., 12 Cush. (Mass.) 416. If the applicant makes...
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The Law of Insurance: As Applied to Fire, Life, Accident ..., Volumen1

John Wilder May - 1891 - 788 páginas
...fact, and which the insured states knowing it to be untrue, with the intent to deceive the insurers, or which he states positively as true without knowing...such fact, in either case, being material to the risk and adverse to the insurers.1 The general doctrine undoubtedly is, that a misrepresentation, whether...
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Principles of Law: Husband and Wife; Divorce; Parent and Child; Guardian and ...

International Correspondence Schools - 1903 - 626 páginas
...knowing it not to be true, with an intent to deceive the insurer, or which he states as positively true, and which has a tendency to mislead, such fact in either case being material to the '"80 Ala. 467 (18.%). >"44 Ohio 81 (1886); 67 Fed. Rep. 490 .>«1 Woods (US) 674 (1874); Ul Cal. (1895)....
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A Law Dictionary Containing Definitions of the Terms and Phrases of American ...

Henry Campbell Black - 1910 - 1330 páginas
...terms "misrepresentation" and "concealment" have a known and definite meaning in the law of insurance. Misrepresentation is the statement of something as...such fact in either case being material to the risk. Concealment is the designed and intentional withholding of any fact material to the risk, which the...
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