Right to Information of Material Facts

Section 33.  The right to information of material facts may be waived, either by the terms of the insurance or by neglect to make inquiry as to such facts, where they are distinctly implied in other facts of which information is communicated.

May the right to information be waived?

Yes. The right to information of material facts may be waived either:

1) Expressly, by the terms of the insurance; or

2) Impliedly, by neglect to make inquiry as to the facts already communicated.

If the applicant has answered the questioned asked in the application, he is justified in assuming that no further information is desired.

What is an example of the operation of this provision?

The insurer asks the insured if he was ever confined in a hospital for more than a month and the insured says “YES”. If the insurer does not inquire for the cause of the long confinement, then he is deemed to have waived the information.