1. The act of refraining from disclosure; esp., an act by which one prevents or hinders the discovery of something; a cover-up.
2. The act of removing from sight or notice; hiding.
3. Insurance. The insured’s intentional withholding from the insurer material facts that increase the insurer’s risk and that in good faith ought to be disclosed. Cf. NONDISCLOSURE. [Cases: Insurance 2961. C.J.S. Insurance §§ 538, 591–593, 693, 701, 757, 771, 774.] — conceal, vb.
“Concealment is an affirmative act intended or known to be likely to keep another from learning of a fact of which he would otherwise have learned. Such affirmative action is always equivalent to a misrepresentation and has any effect that a misrepresentation would have ….” Restatement (Second) of Contracts § 160 cmt. a (1979).
active concealment. The concealment by words or acts of something that one has a duty to reveal. [Cases: Fraud 16.]
fraudulent concealment. The affirmative suppression or hiding, with the intent to deceive or defraud, of a material fact or circumstance that one is legally (or, sometimes, morally) bound to reveal.
— Also termed hidden fraud. [Cases: Fraud 16.]
passive concealment. The act of maintaining silence when one has a duty to speak. [Cases: Fraud 16.]
