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Material fact

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

(In contracts.) One which constitutes substantially the consideration of the contract, or without which it would not have been made. Lyons v. Stephens, 45 Ga. 143. (In pleading and practice.) One which is essential to the case, defense, application, etc., and without which it could not be supported. Adams v. Way, 32 Conn. 16S; Sandheger v. Hosey, 26 W. Va. 223; Davidson v. Hackett, 49 Wis. 186, 5 N. W. 459. (In insurance) A fact which increases the risk, or which, if disclosed, would have been a fair reason for demanding a higher premium; any fact the knowledge or ignorance of which would nafurally influence the insurer in making or refusing the contract, or in estimating the degree and character of the risk, or in fixing the rate.

Boggs v. Insurance Co.., 30 Mo. 68; Clark v. Insurance Co.. 40 N. H. 338, 77 Am. Dec. 721; Murphy v. Insurance Co., 205 Pa. 444, 55 Atl. 19; Penn Mut. L. Ins. Co. v. Mechanics' Sav. Bank, 72 Fed. 413 , 19 C. C. A. 286, 38 In R, A. 33.