 Both the insured and the insurance co have the duty to disclose.

 No duty to disclose unless facts states the duty to disclose.

 Disclosure is diff from misrepresentation And you can make an honest
mistake but still it’ll be a misrepresentation,
 Test of morality.
 Section 19, Marine insurance act ..applicable to entire act and can be
observed by one party and ignored by the other party.
 Carter v boehm (contract of utmost good faith)
 What a reasonable insurer thinks while disclosing the material fact
 Court doesn’t determine what is material, it’s the expert evidence which
determine what is material.
 Duty of disclosure is between the insured and the insurance co….but
herein broker can be sued if he as per his duty does not disclose the
material fact whether innocently or fraudently..your intentions doesn’t
matter.