Mataracy
VIP Contributor
Poorly written content
A warrant of opinion revolves on the opinion the insured has on facts or state of things in respect of the risk to be insured against. In this regard, the insured merely States that the warranted facts or state of things are or will be correct to the best of his belief and knowledge. He must not, however, make his warranty of opinion with reckless abandon or any iota of dishonesty. In other words, what is required of the assured is that he must take due care in making his warranty of opinion in fact. the duty is to disclose material facts, and opinions are not facts. A misstated opinion is actionable only if the opinion has not been given in good faith and not otherwise. Therefore, if in a proposal for life insurance cover, the proposal who is not a medical person is asked the question. "are you in good health? And he assets in affirmative although unknown yo him he is in fact at the early stages of lung Cancer which he should have known from the symptoms if he were s medically conscious man, such a proposal cannot be held to have breached the principle of utmost good faith by the non- disclosure, because what hr gave was his opinion as to the state of his health.
