Good faith in insurance law: General and independent, not a duty but an interpretative principle
No === There is hardly any substantive difference between ‘utmost good faith’ and ‘good faith’. In insurance law there is not a general and independent duty to act in good faith. This is because the requirement of good faith in insurance law, although being both general and independent, is neither...
| Main Author: | |
|---|---|
| Language: | en |
| Published: |
2020
|
| Subjects: | |
| Online Access: | http://hdl.handle.net/10454/17805 |
| Summary: | No === There is hardly any substantive difference between ‘utmost good faith’ and ‘good faith’. In insurance law there is not a general and independent duty to
act in good faith. This is because the requirement of good faith in insurance
law, although being both general and independent, is neither a statutory duty
nor a common-law duty the breach of which usually gives rise to a cause of
action. Instead it is an interpretative principle in the common law of
insurance. Similarly in civil law jurisdictions, it is not a legal duty either but instead an interpretative principle. |
|---|