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Relevant bibliographies by topics / UTMOST GOOD FAITH

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Academic literature on the topic 'UTMOST GOOD FAITH'

Author: Grafiati

Published: 4 June 2021

Last updated: 30 January 2023

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Journal articles on the topic "UTMOST GOOD FAITH"

1

Tarr, Anthony A., and Julie-Anne R. Tarr. "Utmost Good Faith in Insurance: Reform Overdue?" Asia Pacific Law Review 10, no. 2 (December 2002): 171–84. http://dx.doi.org/10.1080/18758444.2002.11788110.

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Mulhadi, Mulhadi, and Dedi Harianto. "Utmost good faith principle in Indonesian insurance law as a legal reason to harm the insured party." Insurance Markets and Companies 13, no. 1 (December 21, 2022): 81–89. http://dx.doi.org/10.21511/ins.13(1).2022.07.

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The principle of utmost good faith has been recognized as one of the essential principles in insurance, and its practice in other countries has been fairly applied to both parties. It is suspected that this insurance principle in regulation and its implementation in Indonesia only burdens one unilateral. Therefore, this study aims to prove the allegation that the principle of utmost good faith favors only the insurer and its application in dispute resolution directed at harming the insured party. This study uses a case study approach, with five insurance legal cases in the form of court decisions as purposively selected objects. Qualitative analysis (content analysis) was then carried out to obtain data: data codification, data presentation, and conclusions/verification. The principle of utmost good faith is regulated by the following documents of Indonesian insurance law: Indonesian Commercial Law Code, Act No.7/1992 and Act No.40/2014. The results showed that the utmost good faith principle in several Indonesian insurance regulations is more in favor of insurance companies. The insurance company always utilizes Article 251 of the Indonesian Commercial Law Code or the utmost good faith principle as a shield to commit fraud, and refuses to fulfill its legal liability with the aim of harming the insured. AcknowledgmentsWe thank to the Ministry of Education, Culture, Research and Technology of the Republic of Indonesia for supporting and funding this research until it was completed on time.

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Zhu, Mingting. "The Utmost Good Faith in Maritime Insurance: The Nature." Beijing Law Review 11, no. 01 (2020): 99–107. http://dx.doi.org/10.4236/blr.2020.111006.

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김선철 and Kil Nam Lee. "Continuing Duty of Utmost Good Faith in MIA(1906)." KOREA INTERNATIONAL COMMERCIAL REVIEW 24, no. 1 (March 2009): 199–218. http://dx.doi.org/10.18104/kaic.24.1.200903.199.

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Masri, Esther. "PELANGGARAN PRINSIP ITIKAD BAIK DALAM PERJANJIAN ASURANSI PADA P.T. ASURANSI JIWASRAYA CABANG PADANG." KRTHA BHAYANGKARA 12, no. 1 (June 18, 2018): 116–39. http://dx.doi.org/10.31599/krtha.v12i1.33.

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This study uses empirical juridical method where research with a view to legal provisions in practice. This study concerns the basic factors underlying the onset of any breach of the principle of utmost good faith in the insurance agreement as well as how the settlement and legal consequences of the breach of the principle of utmost good faith in the contract of insurance. The author uses the qualitative data analysis to make an assessment of data that authors get on the field with the help of literatures related research. Based on the research that earned the author the P.T. Asuransi Jiwasraya (Persero) Padang Branch that the factors underlying the violation of the principle of utmost good faith can be caused by internal factors (the insurer) is an insurance agent and risk selectors (underwriter) and external factors i.e. insured parties. Violation of the dishonest agents caused the insurer gives a description of the products offered to the prospective insured because only the pursuit of targets and commissions, vice versa the insured provides false information when responding to a question from the insurer. Completion of the offence principle of utmost good faith this is done first by deliberation, if agreement was not reached will proceed through court proceedings. As a result of legal violations of principle of utmost good faith is the insurance agreement void or in other words the insurer has no duty to indemnify if the claims of the insured object.

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Thomas, Steven W. "Utmost Good Faith in Reinsurance: A Tradition in Need of Adjustment." Duke Law Journal 41, no. 6 (June 1992): 1548. http://dx.doi.org/10.2307/1372823.

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Han, Changhi. "Utmost good faith doctrine of the policyholder under theEnglish Insurance Act 2015." Institute for Legal Studies 34, no. 3 (September 30, 2017): 369–95. http://dx.doi.org/10.18018/hylr.2017.34.3.369.

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Tomasevicius, E. "SĄŽININGUMAS BRAZILIJOS CIVILINIAME KODEKSE: PO DEŠIMTIES METŲ." Teisė 88 (January 1, 2013): 211–21. http://dx.doi.org/10.15388/teise.2013.0.1604.

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The general clause of good faith was one of the innovations of the Brazilian Civil Code, enacted in 2002. It came into force in January 2003, in order to widespread ethics in private affairs. Indeed, good faith was applied in specific cases, such as the “theory of appearance” or the requirement of utmost good faith in insurance contracts. But in the Civil Code of 2002, heavily influenced by German, Italian and Portuguese codes, good faith is applied to provide operability, ethicity and sociality in private relations as well as in the enforcement of private law by courts. In this sense, good faith has been used to impose duties of consistency, information and cooperation between the parties of a transaction. The aim of this paper was to introduce an overview of good faith, its consecration in the Brazilian Civil Code and then to analyze its application in Brazilian Courts in the last ten years.

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Hurtado, Albert L., and William B. Griffen. "Utmost Good Faith: Patterns of Apache-Mexican Hostilities in Northern Chihuahua Border Warfare, 1821-1848." Journal of the Early Republic 10, no. 3 (1990): 436. http://dx.doi.org/10.2307/3123411.

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Voss, Stuart, and William B. Griffen. "Utmost Good Faith: Patterns of Apache-Mexican Hostilities in Northern Chihuahua Border Warfare, 1821-1848." American Historical Review 95, no. 5 (December 1990): 1660. http://dx.doi.org/10.2307/2162938.

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Dissertations / Theses on the topic "UTMOST GOOD FAITH"

1

Botes, Johan Hendrik. "From good faith to utmost good faith in marine insurance /." Frankfurt am Main [u.a.] : Lang, 2006. http://www.loc.gov/catdir/toc/fy0709/2007416214.html.

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Ba-Naser, Khaled H. S. "Utmost good faith in marine insurance contracts." Thesis, University of Southampton, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.340370.

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Lu, Yao. "Utmost good faith in reinsurance contracts : difficulties and problems of its operation in an evolution time." Thesis, University of Exeter, 2015. http://hdl.handle.net/10871/18450.

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Reinsurance contract as a contract of uberrimae fidei, in contrast to ordinary commercial contracts, attracts a duty of utmost good faith requiring both parties to exercise their best effort and endeavor to help each other to make an informed decision and perform the contract concluded thereon without any dishonesty or deceit. There are various forms of reinsurance which adopt different ceding methods and have specific characters in the placing progress. The unique placing process in London subscription market of such complex and complicated reinsurance contracts by specialist brokers has to certain degree modified the operation of the doctrine of utmost good faith in reinsurance context. Moreover, from partial codification by the MIA 1906 to significant changed by Insurance Act 2015, it is fair to that the doctrine of utmost good faith has experienced one hundred years long revolution. The courts have taken many opportunities to structure the doctrine, establish rules of the tests, confine the scope and clarify remedies for qualifying breach. Such development of the doctrine itself has important affect upon its operation in reinsurance context too. Modification of the doctrine in reinsurance occurs due to several reasons. First, the special placing process in London subscription market affects the formation procedure of reinsurance contracts, consequently reshapes operation of the doctrine. Secondly, the characters of reinsurance contracts distinguished from underlying insurance would have some impact on operation of the doctrine in reinsurance context. In addition, other significant common law rules such as the principle of waiver, which is in extensive use in the reinsurance market practice, will also modify the operation of the doctrine in reinsurance context. Moreover, evolution of the duty itself, from an absolutely strict duty to a duty only requiring fair presentation, and a proposal of a new proportionate regime of remedies brings potential problems of its operation in reinsurance context. Consequently, notwithstanding there has been a long history of the doctrine and clarification of many aspects of the doctrine comes from a reinsurance cases, difficulties and problems still exist in operating such duty smoothly and directly in reinsurance like in direct insurance context. Such problems extend to every specific aspect of operation of the duty in reinsurance context, from the formation to performance, and then remedies for qualifying breach of the duty in claim stage.

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Kumbunlue, Aryusri. "The duty of utmost good faith and the London commercial insurance market practice." Thesis, University of Southampton, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.430731.

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Strojin, Anja. "The duty of utmost good faith and warranties in marine insurance : (a comparative analysis)." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=32814.

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This thesis consists of a comparative analysis of two elements of marine insurance that are the source of divergence between common and civil law jurisdictions: the duty of utmost good faith and warranties. The thorough analysis will show that the two jurisdictions and, presumably, the common and civil law traditions, diverge in the field of marine insurance in the legal concepts as such, but not so much in the substance of the contract.
The duty of utmost good faith permits the insurer to be fully and properly informed about all circumstances material to the assessment of the risk and to making of the contract and its terms. Despite relative coherency of the regulation of the issues of materiality and causality between the breach of the duty of utmost good faith and the loss occurred, the sanctions for the breach vary significantly between the civil and common law jurisdictions. It will be examined how the warranty, a typical common law concept, has been replaced in civil law jurisdictions.
Various methods of harmonization will be examined and discussed in the light of possible application in the field of marine insurance. In the conclusion, it will be argued that reconciling fundamental legal concepts inherent to various legal traditions is a demanding task and may not be as advantageous for the respective field of law as it is expected to.

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Shi, Feng. "Utmost good faith in marine insurance : a comparative study of English and Chinese law." Thesis, University of Plymouth, 2013. http://hdl.handle.net/10026.1/1944.

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As one of the most distinctive characteristics of English insurance law, the duty of utmost good faith is essentially stated in sections 17-20 of the Marine Insurance Act 1906. According to the statutory rules, both of the insurance parties must observe utmost good faith before the conclusion of an insurance contract. After one century of its application, both the judiciary and academics expressed their concerns in terms of its legislative defects and complexity in practice. Some developments have been made in recent judicial decisions and in statutory reform, e.g. the English Consumer Insurance (Disclosure and Representations) Act 2012, and Recommendations, Statutes and Explanations on the Amendments of Chinese Maritime Code of the People’s Republic of China. Therefore, debatable issues and law reform programs in both English and Chinese law are considered in the main body of this thesis. The examination is essentially based upon, (1) the materiality test of the concealed/misrepresented circumstances which can empower the injured party to rescind the insurance abinitio; (2) the duration of utmost good faith and specific issues; (3) the protective measures related to innocent misconduct; (4) the legal status of good faith and its application to fraudulent behaviour; and (5) whether the classic English utmost good faith doctrine can be extended to Chinese law. Therefore, the main objective of this thesis is to provide a comprehensive study of the current status and developments of the duty of utmost good faith in both English and Chinese law, which is of fundamental importance, not only at the negotiation stage, but also throughout the performance and at the claiming stage of an insurance contract. After identifying and analysing these crucial issues, this thesis concludes with some possible solutions.

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Abuzaid, Dina. "Reform of the 'doctrine of utmost good faith' : a comparative study between the UK and Saudi Arabia." Thesis, University of Stirling, 2018. http://hdl.handle.net/1893/28038.

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In the UK and Saudi Arabia, it is necessary for the contracting parties in insurance contracts to comply with the requirement of the doctrine of utmost good faith. In recent years, the doctrine of utmost good faith and the mutual duties of the contracting parties have developed in different ways in each jurisdiction. Both jurisdictions provide consumer protection in insurance markets by Consumer Insurance (Disclosure and Representation) Act 2012 in the UK and Insurance Consumer Protection Principles 2014 in Saudi Arabia. However, there are many differences between the conduct of each jurisdiction since the coming into force of the Insurance Act 2015 in the UK, which revolutionised the insurance law in several key areas. This thesis particularly aims to critically analyse the reform of the doctrine of utmost good faith and looks at how the current reform impacts on the interpretation of this doctrine between the UK and Saudi jurisdictions. This study critically analyses the insureds’ pre-contractual duties for consumers and businesses in the UK with a comparison to Saudi law.

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8

Yang, Yiqing. "The past and future of 'utmost good faith' : a comparative study between English and Chinese insurance law." Thesis, University of Exeter, 2017. http://hdl.handle.net/10871/32260.

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An insurance contract is a contract of utmost good faith. The nature of the insurance bargain makes the duty a commercial necessity. Duties of disclosure and representation, which were two fundamental components of the principle of utmost good faith, operate in different ways in England and China. The insured and insurer in these two countries bears distinctive good faith related obligations pre- and post-contractually. English insurance law exercise considerable influence in most common law countries and some civil law jurisdictions. The separation between utmost good faith and the duty of fair presentation, with the abolition of the avoidance remedy, under the Insurance Act 2015 could influence other jurisdictions to alter their remedies. This thesis examines the application of the civil law notion of good faith and the common law duty of utmost good faith. It covers the operation of insured’s pre-contractual duties of disclosure and representation in both countries. The thesis considers the insurer’s duties as well as the continuing duties and the effect of utmost good faith taking in account the recent legislative changes on fraudulent claims and late payment. The thesis further examines the legal status of brokers and their disclosure duty in China and England. Finally, it also provides special considerations on consumers and micro-businesses.

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9

Souza, Thelma de Mesquita Garcia e. "O dever de informar e sua aplicação ao contrato de seguro." Universidade de São Paulo, 2012. http://www.teses.usp.br/teses/disponiveis/2/2132/tde-07062013-143302/.

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Este estudo trata da informação que permeia os contratos e de sua aplicação ao contrato de seguro, da perspectiva do Direito e da Economia, ciências sociais que se complementam, porque aplicadas à mesma realidade, que será mais fielmente retratada se analisada sob ângulos diferentes, mas correlatos. Perquirindo a função da informação no contrato, constata que, se concernente a elemento essencial deste, a ele adere, passando a integrá-lo, o que determina sua importância nesse contexto e indica o regime jurídico que lhe deve ser aplicado. A investigação da distribuição da informação entre os contratantes e dos efeitos eventualmente nocivos da assimetria informacional, como o incentivo ao oportunismo, o aumento dos custos de transação e a obtenção de ganhos indevidos do contrato, induz à discussão dos critérios orientadores da disciplina jurídica da informação no âmbito contratual. A despeito da utilidade dos padrões para disciplinar condutas não alcançadas pelas regras, este estudo aponta que a boa-fé, em razão de suas idiossincrasias, não é padrão eficiente para reger a informação nos contratos, devendo ficar relegada à função residual. A aplicação do dever de informar com o objetivo de impor às partes transparência e veracidade conferiria mais objetividade e operacionalidade ao regime da informação nos contratos. Mas, a despeito da questionável eficiência da boa-fé como indutora da troca de informações entre as partes, foi o padrão de conduta escolhido pelo sistema jurídico para balizar a interação dos contratantes. Devido às peculiaridades do contrato de seguro, e à nocividade dos efeitos da assimetria informacional neste contexto, exige-se dos contratantes a máxima boa-fé. Se a regra é a máxima transparência e a absoluta veracidade, deverá ser restritiva a interpretação de eventuais exceções. Como a informação se prende ao cerne da operação econômica subjacente, afetando o cálculo do risco e a fixação do prêmio, e consequentemente, a mutualidade, diz respeito à função e à finalidade do instituto. Por isso, a interpretação condescendente de eventuais omissões ou distorções de informação relevante afrontaria o princípio da máxima boa-fé, que não pode ser mitigado, sob pena de comprometer o equilíbrio do contrato e afetar sua finalidade sócio-econômica. O estudo demonstrou a inadequação do tratamento da informação em relação ao substrato econômico do contrato de seguro, especialmente no que concerne à exigência de comprovação da má-fé nas omissões e distorções da verdade pelo segurado. Criticou também a aplicação dogmática da presunção da boa-fé, que reverte ao segurador o ônus da prova da má-fé do segurado, anulando o efeito sancionador da imposição do dever de informar.
The purpose of this dissertation is to analyze the importance of information in contract law, the disclosure duties and its application to insurance contracts, from legal and economic perspectives. Since Law and Economics are social sciences applied to the same environment and are mutually complementary, this bifocal approach leads to a more accurate portrait of reality seen from different but correlated points of view. The analysis of the role of information reveals that if it concerns the contract essential element, it becomes part of it and determines the legal rules that should be applied to it. The inquiry of information distribution patterns shows that it can eventually bring about detrimental effects which induce the discussion of the criteria underlying the legal regime of information in contract law. Asymmetric information can be harmful if it encourages opportunism, increases transaction costs and grants one party undue gains from the contract. In spite of the usefulness of standards to regulate conducts not reached by rules, this study shows that good faith, due to its idiosyncrasies, is not an efficient standard to govern information in contracts. Thus, it should be assigned a residual function. The application of the duty to inform with the purpose of imposing full disclosure and accuracy to the parties ensures more objectivity to the information regime in contracts. However, good faith was the standard chosen by the legal system to rule the parties interaction, despite its recognized inefficiency to induce information exchange among agents. Due to the particular features of the insurance contract, and to the harmful effects of informational asymmetry in this context, law imposes the parties a higher standard of good faith. If the legal standard is the utmost good faith, eventual exceptions to this pattern should be restrictively interpreted. Since information is connected with the economic mechanism of the insurance contract because it affects risk and premium evaluation, it is strictly related to the function and purpose of the contract. Therefore, condescending interpretation of nondisclosure, misrepresentation and fraud would violate the principle of utmost good faith. Its mitigation will affect the contract balance and its economic and social purposes. This dissertation demonstrates the inadequacy of the information legal regime, especially regarding the requirement of proving bad faith related to nondisclosure, misrepresentation or fraud. It also criticizes the dogmatic application of the presumption of good faith that lays upon the insurer the burden of proving bad faith of the insureds conduct, nullifying the sanctioning effect of the imposition of the duty to inform.

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Mahfuz, Mahfuz. "A research to develop English insurance law to accommodate Islamic principles." Thesis, University of Manchester, 2013. https://www.research.manchester.ac.uk/portal/en/theses/a-research-to-develop-english-insurance-law-to-accommodate-islamic-principles(ba9df8a6-58e2-4506-b62e-431238740e73).html.

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In recent years the popularity of Islamic insurance policies has grown rapidly with many companies across the world providing this service. London is said to be the hub for Islamic finance. It is well known for welcoming innovative financial methods. The FSA have already authorised the insurance company Salaam Halal to provide policies based on Shariah principles. The FSA, however, announced that they must operate within the same legal framework as all other insurance policies. Consequently English law has to be applied in Islamic policies taken in this country. However, in many aspects, Shariah principles contradict English insurance law. This thesis aims to discover how they contradict and recommend how the Islamic insurance policies can be applied in English law without breaking Shariah principles. As Shariah principles merely provide a wide boundary within which any law can be applied, this thesis analyses English insurance law first, and then discusses how Islamic insurance policies can operate within the English framework. In many cases, English insurance law crosses the boundary of Shairah principles due to its unfair consequences. Consequently making English insurance law fairer could be the best solution to allow the use of Islamic insurance policies under English law. Pragmatically, the thesis focuses mainly on problems within current English insurance law and recommends possible solutions. In many cases, the solutions suggested by the Law Commission are found to be incapable of establishing fairness. The majority part of this thesis is spent trying to establish a fairer framework for English insurance law. This fairer English insurance law is found to be Shariah compliant in most cases. In some cases it is not complaint due to operational differences between the two legal systems. In these cases, the thesis recommends that the Islamic insurer should incorporate certain terms to make policies Shariah compliant without breaching English insurance law.

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Books on the topic "UTMOST GOOD FAITH"

1

Shakespeare, L. M. Utmost good faith. London: Macdonald, 1987.

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Shakespeare, L. M. Utmost good faith. New York: St. Martin's Press, 1987.

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Utmost good faith: Patterns of Apache-Mexican hostilities in northern Chihuahua border warfare, 1821-1848. Albuquerque: University of New Mexico Press, 1988.

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Utmost good faith. Futura, 1988.

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From Good Faith to Utmost Good Faith in Marine Insurance. Peter Lang Publishing, 2006.

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Botes, Johan Hendrik. From Good Faith to Utmost Good Faith in Marine Insurance. Peter Lang Publishing, 2006.

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Anagbogu-Ezenwa, Emilia. Utmost Good Faith and Warranty in Nigerian Insurance Laws: A Critical Review. Choice Publishing, 2015.

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Griffen, William B. Utmost Good Faith: Patterns of Apache-Mexican Hostilities in Northern Chihuahua Border Warfare, 1821-1848. Univ of New Mexico Pr, 1989.

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zalma, Barry. Ethics for the Insurance: Methods for Insurers and Their Personnel to Act with the Utmost Good Faith. Independently Published, 2018.

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Publishers, Thomas Nelson. My Utmost Devotional Bible. Thomas Nelson Inc, 1997.

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Book chapters on the topic "UTMOST GOOD FAITH"

1

Kendall, David, and Harry Wright. "Utmost good faith." In A Practical Guide to the Insurance Act 2015, 155–57. First edition. | Abingdon, Oxon ; New York, NY : Informa Law from Routledge, 2018.: Informa Law from Routledge, 2017. http://dx.doi.org/10.4324/9781315189161-11.

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Thanasegaran, Haemala. "Duty of Utmost Good Faith." In Good Faith in Insurance and Takaful Contracts in Malaysia, 11–46. Singapore: Springer Singapore, 2016. http://dx.doi.org/10.1007/978-981-10-0383-7_2.

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Eggers, Peter Macdonald, and Sir Simon Picken. "Other contracts of the utmost good faith." In Good Faith and Insurance Contracts, 23–39. Fourth edition. | Abingdon, Oxon [UK] ; New York : Informa Law from Routledge, 2018. | Series: Lloyd’s insurance law library: Informa Law from Routledge, 2017. http://dx.doi.org/10.4324/9781315271088-2.

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Thanasegaran, Haemala. "Utmost Good Faith and Takaful in Malaysia." In Good Faith in Insurance and Takaful Contracts in Malaysia, 145–65. Singapore: Springer Singapore, 2016. http://dx.doi.org/10.1007/978-981-10-0383-7_5.

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Eggers, Peter Macdonald, and Sir Simon Picken. "The assured’s duty of utmost good faith and claims." In Good Faith and Insurance Contracts, 323–71. Fourth edition. | Abingdon, Oxon [UK] ; New York : Informa Law from Routledge, 2018. | Series: Lloyd’s insurance law library: Informa Law from Routledge, 2017. http://dx.doi.org/10.4324/9781315271088-11.

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Eggers, Peter Macdonald, and Sir Simon Picken. "The source of the duty of utmost good faith." In Good Faith and Insurance Contracts, 95–118. Fourth edition. | Abingdon, Oxon [UK] ; New York : Informa Law from Routledge, 2018. | Series: Lloyd’s insurance law library: Informa Law from Routledge, 2017. http://dx.doi.org/10.4324/9781315271088-4.

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Eggers, Peter Macdonald, and Sir Simon Picken. "The nature of the duty of the utmost good faith." In Good Faith and Insurance Contracts, 41–94. Fourth edition. | Abingdon, Oxon [UK] ; New York : Informa Law from Routledge, 2018. | Series: Lloyd’s insurance law library: Informa Law from Routledge, 2017. http://dx.doi.org/10.4324/9781315271088-3.

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Walcott, Lesley A. "Utmost Good Faith, Fraud, Misrepresentation and Non-Disclosure." In Commonwealth Caribbean Insurance Law, 129–61. New York : Routledge, 2019. | Series: Commonwealth Caribbean law: Routledge, 2019. http://dx.doi.org/10.4324/9781351031783-8.

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Sum, Cheah You. "The quagmire of utmost good faith in insurance law." In The Future of the Law of Contract, 48–70. Abingdon, Oxon ; New York, NY : Routledge, 2020. | Series: Markets and the law: Informa Law from Routledge, 2020. http://dx.doi.org/10.4324/9780429056550-4.

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"Duty of Utmost Good Faith." In Marine Insurance Law, 49–97. Routledge, 2015. http://dx.doi.org/10.4324/9781315855950-4.

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