the non-disclosure of material facts will void insurance coverage where the nondisclosure of the material fact has induced the insurer to assume the risk. In this case the vessel had taken on water and there had been substantial work done to the hull after the issuance of the safety certificate which the insured had supplied to the insured and before the issuance of insurance. The insured had also applied to increase the passenger load form 20 to 25 and this also was not known to insurer. The court found these to be material facts which had not been disclosed to the insurer and would have voided coverage.
The court also found that the insured had breached express warranties in the policy. The express warranties must be exactly complied with whether material to the risk or not. In this case the plaintiffs had not complied with the strict manning of vessel requirements.