In NATIONAL INSURANCE CO. LTD vs M/S.PATTU AGENCIES, the appeal was preferred before Hon'ble Kerala High Court against order of the trial court with the primary object of the insurer being that the change of address of the insured property had not been intimated to the insurer. The Hon'ble High Court rejecting the ground for disallowing the claim held "It is true that a policy can be avoided for misrepresentation or non-disclosure. However, the misrepresentation or non-disclosure should be a material one and it must have induced the Insurance Company to make the policy in favour of the insured. The non-disclosure or misrepresentation should have induced the insurer to enter into the contract. There must be a specific case that there was inducement to issue a policy relying on the facts disclosed by the insurer and that there was non-disclosure or misrepresentation. The test is whether the insurer would have made a different decision had the facts been correctly disclos...