Utmost good faith requires the applicant to disclose all material information relevant to the risk. A material fact is information that would influence a prudent insurer’s decision to accept the risk, decline it, charge a different premium, impose conditions, or restrict coverage. The applicant is not required to disclose irrelevant facts, so option B overstates the duty. Option C is plainly wrong because an intermediary must not withhold pertinent underwriting information at the client’s request; doing so may constitute misrepresentation or concealment and can jeopardize coverage. Option D is dangerous because the broker or agent should not unilaterally filter material information on behalf of the insured. If in doubt, the information should be disclosed to the insurer so underwriting can decide its relevance. This principle is central to the insurance contract because the insurer relies heavily on the applicant’s representations when pricing and accepting the risk. References/topics: The Application Process; utmost good faith, material facts, duty of disclosure, underwriting information.
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