Good Faith and Insurance Contracts

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.

Autorentext

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.

Zusammenfassung
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.

Inhalt

1. The insurance contract uberrimae fidei

2. Other contracts of the utmost good faith

3. The nature of the duty of the utmost good faith

4. The source of the duty of utmost good faith

5. Law reform

6. Legislation affecting the duty of good faith

7. The assured's duty of the fair presentation of the risk at placing

8. The exceptions to the duty of disclosure at placing

9. Modification of the duty of disclosure at placing

10. The post-contractual duty of good faith

11. The assured's duty of utmost good faith and claims

12. The insurer's duty

13. Third parties

14. Materiality and inducement

15. Examples of material facts

16. Remedies

17. The loss of the insurer's right to exercise a remedy or to rely upon a breach of warranty

18. Evidence: Proving a breach of duty or a defence