Why is David's missing medical information not considered non-disclosure?

David's missing medical information is not considered non-disclosure because the insurer has waived its right to the information. In insurance practices, if an insurer does not actively request specific information or medical reports during the application process, it may be seen as relinquishing its right to claim that missing information constitutes non-disclosure. This means that the insurer cannot hold David responsible for failing to provide that information, as they did not ask for it in the first place. This aspect emphasizes the importance of clear communication and documentation requirements from insurers to ensure applicants understand what information is necessary for their risk assessments.

While other factors, such as a person not being aware of certain details about their health or their intent to provide complete information, are relevant in determining intent and reasonable knowledge, the critical element here is the insurer's role in requesting the necessary information. If the insurer chose not to request a medical report, the expectation of disclosure cannot fairly be enforced, thus protecting David from the implications of non-disclosure in this context.