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Utmost good faith in insurance law Essay Example

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Utmost good faith in insurance law

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Utmost good faith in insurance law. The insurance contracts are founded on the basis of principles of uberrimae fidei. It indicates the fact the insurer needs to disclose all the material facts that have the potential to bring individual under risk. The Principle of Utmost Good Faith was formulated in the case of Carter v. Boehm in 1776. It reveals the importance of disclosing the facts, Carter being the Governor of Fort Marlborough has insured the fort against the attack of any foreign power. Boehm was the insurer to the contract. The insurer had not disclosed the fact that the insurance was valid only in case of native powers only. As a result of which the French attack was not taken into consideration and Boehm had refused to pay the claimed amount.

The insurer of the concerned case had claimed that the insurance policy was based on fraud as the insured person had not disclosed all the relevant information about the weaknesses of the fort and the possibility of an attack by other nations. The case has raised the importance of utmost good faith for satisfying the interest of both the insurer and the insured. The UK Government has passed the Insurance Act in the year 2015 that has resulted in certain changes in the previously existing commercial law of insurance. In the context of risk involved, the insured is required to disclose all the necessary information and material facts to the insurer. In case if the insured to the contract does not have sufficient information, then the insurer must be informed to take the necessary actions and inquiry to identify the details of all material circumstances. The improved provision of the Insurance Act of 2015 has raised the burden on insured to identify the risks involved and disclose relevant information to the insurer. The Act of 2015 also indicates the limitation of knowledge in case of both individuals as well as an organization. In case if the insurer is an organization, then the knowledge of information and facts is limited to the management authority. Utmost good faith in insurance law.

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preview essay on Utmost good faith in insurance law
  • Pages: 23 (5750 words)
  • Document Type: Assignment
  • Subject: Law
  • Level: College
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