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.
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.
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 assureds 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 assureds duty of utmost good faith and claims
The insurers duty
Third parties
Materiality and inducement
Examples of material facts
Remedies
The loss of the insurers right to exercise a remedy or to rely upon a breach
of warranty
Evidence: Proving a breach of duty or a defence
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.