Category: The doctrine of utmost good faith and insurance contracts

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The Assured’s Agent : Rights, Duites and Liabilities

The Assured’s Agent : Rights, Duites And Liabilities 1. Authority Of Insurance Agents Insurance agents are usually employed to effect an insurance and also to take an administrative role in the coverage of the policy taken to insure against perils of the sea. An agent may be granted actual authority which arises in consequence of...


The Assured’s Post-Contractual Duty of Good Faith

The Assured’s Post-Contractual Duty Of Good Faith 1. Introduction The Court of Appeal in The Mercandian Continent confirmed that the duty of good faith continues beyond the making of the insurance contract, in respect of claims and in respect of the performance of the contract generally. However, the duty is merely one not to be...


The Pre-Contractual Duty of Utmost Good Faith  

The Pre-Contractual Duty Of Utmost Good Faith 1. Introduction Section 17 MIA provides as follows:- A contract of marine insurance is a contract based upon the utmost good faith Section 17 together with sections 18 to 20 are applicable for insurance contracts entered into up until 12.8.2016. After this date the applicable sections are sections...