An insurer's voluntary representation to indemnify despite non-disclosure may give rise to promissory estoppel if the insured detrimentally relies on it, but the doctrine of election will not prevent the insurer from later asserting its s 28(3) rights, and the duty of utmost good faith does not require an insurer to assume liability where its statutory liability is nil and the insured has suffered no ascertainable detriment.
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