Duty to Disclose – Walker v LSW

(p12-13)

  • Secondly, we believe it needs to be disclosed under Insurance Code Section 332, which creates a duty to disclose because it is a material fact which is known to LSW, and the plaintiffs have not the means of ascertaining.
  • “Have not the means of ascertaining” is a quote from the statute. If those three things are met — materiality, known to them, plaintiffs have not the means of ascertaining — then there is a duty to disclose.

2011 1402 – DOC 815 TRANSCRIPT for proceedings- Oral Arguments – 41p