Good Faith and Insurance Contracts

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.

• 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 Remedies 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

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