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 faithThe nature of the duty of the utmost good faithThe source of the duty of utmost good faithLaw reformLegislation affecting the duty of good faithThe assured’s duty of the fair presentation of the risk at placingThe exceptions to the duty of disclosure at placingModification of the duty of disclosure at placingThe post-contractual duty of good faithThe assured’s duty of utmost good faith and claimsThe insurer’s dutyThird partiesMateriality and inducementExamples of material factsRemediesThe loss of the insurer’s right to exercise a remedy or to rely upon a breach of warrantyEvidence: Proving a breach of duty or a defence