CA1: First speaks on material misrepresentation

Commonwealth Land v. IDC Properties, No. 08-1130 affirms a grant of a declaratory judgment declaring some title insurance void because of “material misrepresentations.”  At trial, there was no showing of fraudulent intent, but some showing of omission without specific questions being asked.  Applying Rhode Island law, the First holds that “we need not decide how the Rhode Island courts would resolve a bare non-disclosure issue because it is clear that a half-truth or failure to speak when necessary to qualify misleading prior statements does amount to a misrepresentation.”