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0. The duty of utmost good faith is of universal application to all policies of insurance although there are differences in the detail affecting the way in which the duty is applied. In practical application, it means that either party has the right to avoid the contract if:
there has been a failure by the other party to disclose a material fact
that there has been on the part of the other party a misrepresentation of a material fact
either (A) or (B)
None of these
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