Commercial Law, 2011 Bar — Question 73

MULTIPLE CHOICE

X, in the hospital for kidney dysfunction, was about to be discharged when he met his friend Y. X told Y the reason for his hospitalization. A month later, X applied for an insurance covering serious illnesses from ABC Insurance, Co., where Y was working as Corporate Secretary. Since X had already told Y about his hospitalization, he no longer answered a question regarding it in the application form. Would this constitute concealment? A) Yes, since the previous hospitalization would influence the insurer in deciding whether to grant X's application. B) No, since Y may be regarded as ABC's agent and he already knew of X's previous hospitalization. C) Yes, it would constitute concealment that amounts to misrepresentation on X's part. D) No, since the previous illness is not a material fact to the insurance coverage.

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