Good Faith and Insurance Contracts sets out an exhaustive analysis of the law concerning the duty of utmost good faith, as applied to insurance contracts. Now in its fourth edition, it has been updated to address the arrival of the Insurance Act 2015, as well as any references to new case law. In addition, it synthesises all known judicial decisions by the English Courts concerning good faith in this area.
This book is still the only text devoted to a discussion of the duty of utmost good faith applicable to insurance contracts. As good faith is an issue which arises in respect of all insurance contracts, it is a book which will be extremely useful to lawyers involved in insurance as well as insurance practitioners.
About the Author
Peter MacDonald Eggers QC is a silk at 7KBW, where he specialises in all aspects of commercial law, with a particular focus on insurance and reinsurance.
Simon Picken QC is a silk at 7KBW, where his wide-ranging practice involves all types of contractual disputes with a special emphasis on insurance/reinsurance disputes.
Table of Contents
- The insurance contract uberrimae fidei
- Other contracts of the utmost good faith
- The nature of the duty of the utmost good faith
- The source of the duty of utmost good faith
- Law reform
- Legislation affecting the duty of good faith
- The assured’s duty of the fair presentation of the risk at placing
- The exceptions to the duty of disclosure at placing
- Modification of the duty of disclosure at placing
- The post-contractual duty of good faith
- The assured’s duty of utmost good faith and claims
- The insurer’s duty
- Third parties
- Materiality and inducement
- Examples of material facts
- The loss of the insurer’s right to exercise a remedy or to rely upon a breach of warranty
- Evidence: Proving a breach of duty or a defence