Utmost Good Faith in UK Law
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A model to determine the need to modernise the regulation of the principle of utmost good faith
Purpose: The purpose of this paper is to determine and lay out the variables that influence countries to carry out regulatory modernisation of the regulation of the principle of good faith in insur...
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A model to determine the need to modernise the regulation of the principle of utmost good faith
Purpose: The purpose of this paper is to determine and lay out the variables that influence countries to carry out regulatory modernisation of the regulation of the principle of good faith in insur...
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The Insurance Act 2015: Rebalancing the Interests of Insurer and Assured
The Insurance Act 2015 is the first piece of legislation since the eighteenth century to seek to lay down new principles governing the formation and operation of insurance contracts. Exactly 250 ye......... the routinely-cited principle of utmost good faith in insurance law in Carter v Boehm ......
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Reconstructing Insurance Law: The Law Commissions' Consultation Paper
In July 2007 the English and Scottish Law Commissions published the consultation paper Insurance Law – Non‐disclosure and Breach of Warranty (hereafter LCCP) which sets out in detail the Commission......... reference to the key areas of utmost good faith, warranties and agency . Thi s ......
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Lies, Collateral Lies and Insurance Claims: The Changing Landscape in Insurance Law
...... insurance contracts, being contracts of utmost good faith, should be treated differently when it ......
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The Journey of Good Faith: Where Does It belong in General Contract Law?
This piece considers the doctrine of good faith and its existence in contract law which began with Lord Mansfield’s judgment in Carter v Boehm. Then, reconsiders the general contract law approach i......... was placed on statutory footing in the Marine Insurance Act 1906, which created a legal obligation on insurance contract parties to act in ‘utmost good faith’. 3 Furthermore, if this was not observed, ‘the contract may be avoided by the other party’. 4 Subsequently, this has been repealed ......
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The Duty of Pre-Contractual Disclosure in English Insurance Law: Past and Future - Does the Law Need to be Changed?
Currently UK insurance law as a whole is subject to reform and change. One particularly interesting change surrounds the duty of pre-contractual disclosure. Royal Assent has been given to the Insur......... much earlier than the UK, in which bears a good comparison as to how well the new rules will be ... Keywords: pre-contractual disclosure, utmost good faith, Insurance Act 2015, insurance reform ......
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Non‐Disclosure: Hairshirt or Halo?
...... the basis that breach of the duty of utmost good faith owed by an insurer to its ......
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Post‐Contractual Good Faith – Change in Judicial Attitude?
...... be viewed as merely one aspect of a more multi-faceted uberrima fides doctrine and there should, by extrapolation, exist a duty to act in utmost good faith throughout the entire duration of the insurance contract. 2 This issue assumed increasing impetus during the last two decades which saw a ......
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Statements of Fact and Statements of Belief in Insurance Contract Law and General Contract Law
...... or belief is true if it be made in good faith.’ In Economides , it was accepted that ... justification advanced for the duty of utmost good faith in insurance contract law). ......
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