Concealment

The suppression or keeping back of a fact or circumstance privately known to one of the parties to a contract, either through inadvertence or mistake, or intentionally in order to draw the other into a bargain from his ignorance of such fact, and his believing the contra- 17.* Lord Mansfield, 3 Burr, 1005.

2 Kent's Com. 482-^485. 3 Id. 282.

Thus, where the insured keeps back from, or neglects to communicate to the underwriter, any material circumstance in his knowledge, in consequence of which the latter is led into a belief that the circumstance does not exist, and is induced to estimate the risk as if it did not exist, such concealment renders the policy void.* 3 Burr, ub. sup. Concealment, however, is distinguished by Lord Mansfield from an innocent silence as to grounds open to both parties to exercise their judgment upon. Aliud est celare. aliud tacere; neque enim id est celare quic' quid reticeas; s^ cum quod tu sdas, id ig^ norare emolumenti tui causa velis eos, quorum inter sit id scire. (It is one thing to conceal, another thing to be silent; for mere silence does not always amoimt to concealment, but only when it is coupled with a desire that those whose interest it is to know a fact known to yourself, should remain ignorant of it, with a view to your own advantage.) Id, ibid.

See 2 Duer on Ins. Lect. ziii.