(p12-13)

• Secondly, we believe it needs to be disclosed under Insurance Code Section 332, which creates a duty to disclose because it is a material fact which is known to LSW, and the plaintiffs have not the means of ascertaining.
• "Have not the means of ascertaining" is a quote from the statute. If those three things are met -- materiality, known to them, plaintiffs have not the means of ascertaining -- then there is a duty to disclose.

2011 1402 - DOC 815 TRANSCRIPT for proceedings- Oral Arguments - 41p