Question

In Anglo-African Merchants Ltd v/s Bagley, 1969, what condition must be satisfied for the defense of non-disclosure to prevail?

a.

The insured was unaware of the facts.

b.

The insured disclosed all facts.

c.

The facts were not material to the underwriter.

d.

The insured knew or should have realized that the facts were material.

Answer: (d).The insured knew or should have realized that the facts were material. Explanation:According to the case of Anglo-African Merchants Ltd v/s Bagley, for the defense of non-disclosure to prevail, it must be established that the insured knew or should have realized that the facts, which they had knowledge of, might be regarded as material by a prudent underwriter.

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Q. In Anglo-African Merchants Ltd v/s Bagley, 1969, what condition must be satisfied for the defense of non-disclosure to prevail?

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