A commercial applicant does not mention an earlier fire loss that a court found was deliberately set, and the application does not ask about it. Failing to volunteer that fact is:
Explanation
Concealment is the silent withholding of a material fact that the applicant knows and the insurer would want, and because insurance is a contract of utmost good faith it can give the insurer grounds to void the policy even though no question was asked. Treating the insurer's silence as a waiver misstates waiver, which is the intentional giving up of a known right by the insurer, not the applicant's own choice to stay quiet.
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