| 单词 | True representation |
| 释义 | 真實申述 In relation to insurance, a representation by the assured to the insurer that is true. Every material representation made by the assured or his agent to the insurer during the negotiations for the contract, and before the contract is concluded, must be true: Marine Insurance Ordinance (Cap 329) s 20(1). If it be untrue the insurer may avoid the contract: s 20(1). A representation as to a matter of fact is true, if it be substantially correct, that is to say, if the difference between what is represented and what is actually correct would not be considered material by a prudent insurer: s 20(4). A representation as to a matter of expectation or belief is true if it be made in good faith: s 20(5). If the utmost good faith be not observed by either party, the contract may be avoided by the other party: s 17. It is not necessary that a representation should be fraudulent in order to avoid the insurance; a representation, if material, even though wholly untainted with fraud, will also enable the insurer to avoid liability unless the representation is substantially correct or unless he knew the truth at the time the contract was concluded. See also Good faith; Misrepresentation. |
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