[Insurance as a Contract: The Insurance Policy]If a dispute arises between the insurer and insured...

In insurance law, the insurer bears the burden of proving that the insured failed to disclose a material fact. Material facts are those that would influence an underwriter’s decision to accept, rate, or decline the risk. If an insurer alleges concealment or misrepresentation, the onus lies with the insurer to establish—through underwriting evidence, policy documentation, and testimony—that the fact was material and that nondisclosure affected the insurer’s judgment.

Option A is incorrect because the broker is merely an intermediary. Option C is not correct because the insured’s role is to answer questions truthfully, but the legal burden of proof in court rests with the insurer when making the accusation. Option D, a third party, has no role in proving concealment.

Therefore, the insurer must satisfy the court that a material concealment occurred, making B correct.