N.C.P.I.—Civil 880.26

The (state number) issue reads:

"Did the [plaintiff] [defendant] intentionally conceal a material fact

in applying for the policy of insurance?"

On this issue the burden of proof is on the [plaintiff] [defendant]

insurance company. This means that the insurance company must prove,

by the greater weight of the evidence, that the [plaintiff] [defendant]

intentionally concealed a material fact in applying for the policy of

insurance.

The law provides that the concealment of a fact from an insurance

company will [prevent a recovery on the policy] [entitle the insurance

company to rescind the policy] if the fact is material and the concealment

of that fact was intentional. A fact is material if the knowledge or

ignorance of it would naturally and reasonably influence the judgment of

the insurance company either in making the insurance contract, in

estimating the degree and character of the risk, or in establishing the

premium.2 A concealment is intentional 3 if the applicant knew that the

fact concealed was material and concealed it with the purpose of

deceiving the insurance company. Where an applicant believes in good

faith that the information does not have to be disclosed or believes in

good faith that it is not material, he has not intentionally concealed a

material fact.

Finally, as to this (state number) issue on which the [plaintiff]

[defendant] insurance company has the burden of proof, if you find, by

the greater weight of the evidence, that the [plaintiff] [defendant]

intentionally concealed a material fact in applying for the policy of

insurance, then it would be your duty to answer this issue "Yes" in favor

of the [plaintiff] [defendant] insurance company. If, on the other hand,

you fail so to find,

then it would be your duty to answer this issue "No" in favor of the

[plaintiff] [defendant].