The Duty of Utmost Good Faith

The principle of utmost good faith, expressed by the Latin maxim ‘uberrima fidei’, meaning fullest confidence, originated from English insurance law and is regarded as a fundamental principle of insurance law in many jurisdictions around the world, whether civil or common law. However, the doctrine does not have the same meaning nor does it operate in the same way in each legal system in which it has been adopted. Also, in some jurisdictions, the principle of utmost good faith is not recognized. For example, the insurance law of some civil law countries refers instead to the civil law concept of “good faith”.

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IBA 2014- Master Substantive Project 2014 - Insurance Committee.pdf

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