Journal articles on the topic 'UTMOST GOOD FAITH'

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.

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.

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.

Accepting the principle of good faith in the pre-contractual period entails certain consequences. Observing this principle would require that the parties cooperate and exchange information by exhibiting utmost honesty, transparency, and seriousness in their preliminary talks towards achieving their mutual goals; and that each party, while respecting the information confidentiality of the other party and refusing to enter into parallel negotiations, shall respect the other party’s interests. The principle of good faith is not explicitly recognized as a general rule in Iran’s statutes. Although the necessity of observing the principle of good faith in all laws and obligations in all instances including the pre-contractual period can be proved using the principle of induction from the criteria stipulated in Article 8, Iran’s Law of Civil Liability (i.e., Law of Torts) as well as other current Iranian regulations, this method would not convince the legal Iranian community to accept the principle of good faith as a general rule. Therefore, social and economic imperatives would necessitate that the principle of good faith should be recognized explicitly in the Iranian statutes.

Purpose The purpose of this paper is to determine and lay out the variables that influence countries to carry out regulatory modernisation of the regulation of the principle of good faith in insurance so as to ensure standardisation of its application and to reduce regulatory asymmetries and uncertainties in the handling of this requirement, given the fast pace of changes in the current ecosystem. Moreover, the authors show whether these variables differ, given the different demographic factors of the respondents participating in this research. Design/methodology/approach To collect the research data, which consisted of 1,794 valid responses, the authors administered a purposely built survey, which they designed after carrying out and extensive literature search, which yielded 3,248 valid records and resulted in the inclusion of 27 research articles through a scoping review after considering inclusion/exclusion criteria (i.e. the Preferred Reporting Items for Systematic Reviews and Meta-Analysis) search strategy. The authors carried this survey between September 2019 and June 2020 using the social network, verbal and online communication systems. The survey was addressed to persons within insurance associations, professional members, persons within large corporates in the insurance industry and selected experts in the field who were purposely selected based on the work experience held, roles occupied in the industry, qualifications attained and area of expertise. The quantitative data was analysed using statistical tools, specifically descriptive statistics, exploratory factor analysis, Cronbach’s alpha and multiple linear regression. The qualitative data obtained was analysed using the thematic approach. Findings The authors found that four variables determine the need for modernisation of the principle of utmost good faith requirement, specifically institutional stakeholders and the political-legal framework; the market, consumer influence and the socio-economic environment; socio-technological environment and insurance practice; and international business. Moreover, the authors found that these variables hold relationships with some demographic variables and differ with age, gender, level of education and occupation in a variety of ways. Practical implications The statements grouped under the themes determined as influencing factor variables for the need for modernisation of the principle of utmost good faith, can be used by stakeholders such as policymakers and reformists within countries as a measure to determine whether this regulatory requirement is in need of modernisation or it can be used as a model for determining modernisation of other regulations or for the development of other similar models. Moreover, scholars may use this model for other sectors and other regulatory frameworks in different jurisdictions. Originality/value Although, the authors have noted several articles about modernisation carried out on regulations, to the best of their knowledge, they have not encountered articles that capture the influencing factor variables for the need for modernisation of the principle of utmost good faith under a group of themes.

This research is conducted to determine the role of economy in realizing the principle of utmost good faith which is fair since this principle does not take sides in insurance, which makes it possible to decide whether it is effective or not in the context of law enforcement in courts in the 2012-2021 period. This normative-philosophical research is based on philosophy of values and legal doctrines and is conducted with the use of qualitative and comparative methods. It is aimed at analyzing legal resources referring to selected legal provisions set out in legislation, literature, expert conclusions, reports, articles, research results and court decisions.

One of the most distinguishing features of an insurance contract (being a contract uberrimae fidei) is that it attracts the duty of disclosure. As it presently stands, this duty unfortunately has drawn such criticism from many quarters for inflicting what is arguably one of the most onerous burdens upon the insured. The irony of the situation is that the original intention of the doctrine, as had been expressed by Lord Mansfield himself in the celebrated eighteenth century case of Carter v Boehm, was for both contractual parties–and not just only the insured–to exercise the utmost good faith in their dealings. However, all through the intervening years, the tide had almost entirely flowed in one direction. There has, hitherto, not really been any case law developing, or even spelling out, the insurer's duty of good faith. On the contrary, landmark cases such as CTI v Oceanus and Lambert v CIS have been only too generous in showering the insurer with so many privileges that from the perspective of the hapless insured the duty becomes almost like ‘an engine of oppression’.

AbstractThe common law doctrine of uberrimae fidei is pivotal to all contracts of insurance. It imposes a duty on the parties to act towards each other with utmost good faith by disclosing all material facts and not misrepresenting any fact, either before the contract is formed or while the contract subsists. This article examines the doctrine and its statutory reforms in Nigeria and the United Kingdom. It argues that, before the statutory interventions, the iniquitous doctrine was a potent weapon, most often used by insurers to defeat just and legitimate claims by an insured. Although the legislation has brought some measure of relief to the insured in these jurisdictions, the article concludes that there are still some grey areas in the Nigerian law that need to be addressed to further the cause of justice between the contracting parties.

Asuransi jiwa adalah suatu perikatan diantara penanggung juga tertanggung tekait jiwa yang dipertanggungkan. Tetapi didalam praktiknya seringkali terjadi penolakan klaim asuransi oleh penanggung yang disebabkan karena adanya pelanggaran terhadap prinsip itikad baik (Utmost Good Faith) yang telah diatur didalam pasal 251 Kitab Undang-Undang Hukum Dagang. Bagaimana prinsp itikad baik dan upaya hukumnya terhadap asuransi jiwa kredit yang tidak dibayarkan oleh PT.Asuransi Cigna, adalah permasalahan yang dibahas. Digunakan metode penelitian normatif yang bersifat deskriptif dan dengan digunakannya data sekunder yang diolah dengan cara kualitatif serta juga dengan penarikan kesimpulan dengan cara deduktif. Ditunjukannya hasil penelitian bahwa penolakan klaim asuransi jiwa kredit yang dilakukan oleh PT. Asuransi Cigna diisesuaikan dengan pasal 251 KUHD serta diketahui baahwa alasan dari penolakan klaim tersebut kepada RR. L. Nuning Lestari M selaku ahli waris dari Alm. Agoes Soegiarto diakibatkan karena adanya pelanggaran prinsip itikad baik oleh RR. L. Nuning Lestari M dan Alm. Agoes Soegiarto.

Determining the scope of the fraudulent claims rule in insurance law has posed a significant challenge for the courts, particularly in the last two decades. In the shadow of the doctrine of utmost good faith, the law in this area has developed in an uncompromising fashion introducing draconian remedies against an assured who submits a fraudulent claim. The Supreme Court's most recent intervention has provided much needed guidance on the state of the law. This article, taking into account the fact that in other areas of law more proportionate remedies have gradually been introduced, discusses the boundaries of the fraudulent claims rule in insurance law as it applies in England and Wales and Scotland. Considering that the insurers might be tempted to introduce fraudulent claims clauses into their contracts to expand the common law definition of insurance fraud at the claims stage, this article also evaluates the wording of such clauses often used in practice and concludes that they lack the desired clarity.

Mutuality is the principle of private, commercial insurance; individuals enter the pool for sharing losses, and pay according to the best estimate of the risk they bring with them. Solidarity is the sharing of losses with payment according to some other scheme; this is the principle of state social insurance; essential features of solidarity are comprehensiveness and compulsion. Private insurance is subject to the uberrima fides principle, or utmost good faith; each side declares all it knows about the risk. The Disability Discrimination Act requires insurers to justify disability discrimination on the basis of relevant information, actuarial, statisical or medical, on which it is reasonable to rely. it could be very damaging to private insurance to abandon uberrima fides . However, although some genetic information is clearly useful to underwriters, other information may be so general as to be of little use. The way in which mortality rates are assessed is also explained.

Risk assessment is part of the underwriting process in any type of insurance, but space insurance has peculiarities requiring a specific approach: the technical nature of space risks, the inability to apply the ‘law of large numbers’ and the time between risk assessment and risk attachment. It also requires special expertise from space insurers concerning space technology and the related risks. Insurers have to take an individual approach to projects, and the risk assessment process by the space licensing authorities is of invaluable importance and help for insurance underwriting. Information on space projects from the space operator is of critical value for the insurance underwriting and the licensing processes. However, the third party liability risk is the main interest for the licensing authorities, while the space insurance market remains about first party insurance. From an insurance law point of view, the transfer of information between insurers and space operators reflects one of the basic insurance principles – ‘utmost good faith’. It seems that this tendency, visible both in civil and common law systems, has led to the standardization of contractual clauses in space insurance contracts, despite insurance coverage being tailored to a project. This article gives a legal perspective of risk assessment in space insurance, looking at the interaction between space law and insurance law, with interesting results for space insurance contracts and the established principles of insurance in risk assessment.

It is well established that insurance contracts are contracts uberrimae fidei ("of the utmost good faith"). From this foundation derives the insured's duty to disclose facts material to the proposed risk. This duty is placed upon the insured because s/he normally has the best knowledge of facts material to assessing the risk. In New Zealand today, whether a fact is "material" (and therefore needs to be disclosed) is based upon the view a "prudent insurer" would take of it. While the insured will usually know the all of the facts relevant to an assessment of the risk, s/he will often not know which of those facts would be of importance to a "prudent insurer". Confusion on such issues has given rise to considerable case law in the area. This article first examines what must be disclosed at common law - which of a general range of "nefarious activities" an insured owes it to his/her insurer to come clean about; the range and breadth of what must be disclosed would surprise most insured parties. Secondly, the article examines situations where insured parties are relieved of the general disclosure obligation - what is at common law capable of being material might not need to be disclosed in specific situations - including situations where the conduct of insurers or wording of the proposal (or other insurer supplied documents) might allow an insured to escape the general duty.

Purpose: Following ethical practices is important for many reasons and a major selling point to many of today’s consumers. By taking measures to promote ethics in Kenyan insurance companies, managers can create a better culture, improve their brand reputation and simply feel good that they’re doing something positive. The purpose of this work is to enhance the reader’s understanding on the influence of ethical practices on performance of insurance firms and to make recommendations for Kenya. Methodology: A desktop literature review was used for this purpose. , a systematic search was carried out using Google Scholar, Semantic Scholar, and Research Gate. The study included relevant peer reviewed journals and book chapters that were published between 2016 and 2021. Studies that examine organizational ethical practices were included while non-English articles, articles whose full text could not be accessed were excluded. Findings: From the reviewed studies, it is recognized worldwide that ethical business relationship with stakeholders builds customer value and profitability through several competitive advantages such as customer loyalty and retention, product quality, and efficiency in operations. it was also found that ethical practices enhances employee performance ethical and influences performance of companies by avoiding legal problems. Recommendations: It is recommended that insurance firms should set ethics programs which are set of activities, policies and procedures intended to support employees to understand and comply with the ethical standards and policies set by the organization. This will contribute to improved employee behavior, ethical attitude and corporate image. Additionally, insurance firms should provide regular employee trainings concerning ethical practices to contribute to profitability by reducing the cost of business transactions, building a foundation of trust with stakeholders, contributing to an internal environment of successful teamwork, and maintaining social capital that is part of an organization’s market-place image. In an endeavor to operate ethically, insurance practitioners should observe utmost good faith and disclose all material facts in respect of products at the time of negotiation of cover.

The struggle between good and evil is one of the main subjects of the Epistle of Pseudo-Barnabas, which originated between 70 and 130, thus, in the period when apocalyptic literature was flourishing. The latter’s impact on the Epistle is undeniable, and is expressed in the characteristic approach of the present time as the „last days” marked by intense activity of evil forces. Even though the out­come of God’s struggle with Satan has already been decided by the victory of Jesus Christ on the cross, still it is ongoing, and at different levels. For Pseudo- Barnabas, two areas of this confrontation are of utmost importance: the ortho­doxy of faith and morality of life. The first issue is treated very broadly (chapters I-XVII), and its essence is to convince the readers of the Letter of the saving exclusivism of Christianity. The author radically opposes Judaism, considering all its laws and institutions in their historical implementation (e.g. sacrifices, fasting, Sabbath, temple, ritual ordinances) as the result of both the incorrect (physical) interpretation of the inspired Scriptures and submission to Satan’s insidious work. The only people of the Covenant are those who have believed in Jesus Christ and were immersed in the water of baptism. The other area of the still ongoing strug­gle is the heart of a Christian who, at any time, has to choose between the way of life and the way of death (chapters XVIII-XX). The final manifestation of Christ’s victory over evil will happen at His second coming, when He will put an end to the „times of the Wicked” and will bring into His Kingdom all the Christians faithful to His teaching.

Theoretically, the Byzantine Emperor was, just like in the times of the Roman Empire, chosen on the basis of his personal qualities and merits ? by the grace of God, of course. Practically, the factors which determined the ascension of a person to the throne were much more complex, the methods of gaining power being multifarious. In consequence, the political philosophy was confronted with the question of whether it is virtue (aret?) or origin (g?noz) that defines an Emperor. Independently of this rather theoretical question, however, and despite the claims that the personal qualities are decisive in the choice of the Emperor, the origin of the ruler played an important role in the consciousness of the Byzantines of all epochs. This is why great attention was paid to the creation of family trees, especially in the cases when the Emperor was of low origin (homo novus) or when it was for some reason necessary to strengthen his legitimacy. The choice of the genealogy was not random: since it carried a clear political message, it was of utmost importance with whom the Emperor in power would be associated and whose historical deeds or legendary personality would serve as a moral model. Also important is the fact that the search of a "good family" was as a rule triggered by the need to confirm one's own virtue. Thus, genealogies often reflect a certain system of values, usually emphasizing morality, courage in war, care for the welfare of the country, piety, etc. The choice of the archetype depended, of course, on the needs of the ruler for whom the genealogy was created. All this allows us to consider legendary genealogies as an expression of the imperial ideology. Notwithstanding their chronological diversity, the Byzantine imperial genealogies display very similar characteristics, i.e. they contain stereotypical elements, many of which had been established already in the first centuries of the Eastern Empire. In the early Byzantine period, when Christianity was still young, Emperors were frequently associated with pagan gods and semi gods, like Jupiter, Mars or Hercules. The Roman tradition of the eastern part of the Empire is also reflected in the fictive genealogies, so that the Emperors often chose Western Emperors or illustrious personalities and families of the Republican Era as their ancestors. The convention of establishing genealogical relations with the past rulers or their families (e.g. Claudius Gothicus, Trajan, the Flavii) served on one hand to create the impression of continuity and legitimacy, and on the other, to affirm the proclaimed system of values, since individual Roman Emperors had by that time become the prototypes of certain values (so Nerva stood for tranquility, Titus for philanthropy, Antoninus for high morality, Hadrian for justice and legality, Trajan for a successful military leader). In the same fashion, the creation of the family ties with persons from the Roman republican past, like the members of the family of the Scipios or Gnaeus Pompeius, was instrumental in the emphasizing of not only noble origin but also virtue. Interestingly enough, whereas the bonds with the Roman state are permanently evoked, the exempla from the Greek history play only a minor role in legendary genealogies (mostly Corinthians and Spartans, sometimes even mythical nations, like Homer's Pheacians). The central position of the Roman ideology is also reflected in the tendency to establish direct geographical connections between the origin of the ruler and either Rome itself or one of the Western provinces, so that the motif of migration is often found in the genealogies. On the other hand, Byzantine writers sometimes tended to boast with their knowledge of the history of the Ancient Orient, connecting famous personalities (like Artaxerxes) or dynasties (Achaemenids, Arsacids) with the Emperor whose genealogy they were composing. A special place in legendary genealogies is occupied by Constantine the Great. Almost as a rule, the genealogies postulate a kinship with him, often confirming it with the alleged physical resemblance. Depending on the purpose of the genealogy, certain purported features of Constantine's character were emphasized, so that he is alternately mentioned as a protector of the Christian faith, a triumphant military leader, or as a wise administrator of the Empire. Apart from that, the motifs of founding the new Capital and the migration of the Roman patrician families to Constantinople represent important topoi in this literary genre. The two most fascinating specimens of legendary genealogies in the Byzantine literature ? those of Basil I the Macedonian and Nikephoros III Botaneiates ? show that the choice of the elements of which the genealogy is composed (personality, family, dynasty) is at the same time a strong indication of the reason why it was composed in the first place. The genealogy of Basil the Macedonian was doubtlessly conceived by more than one person. It is quite certain that the idea to compose it originally came from Photios and was taken over by Basil's descendents ? his son Leo VI and his grandson Constantine VII Porphyrogennetos. The core of Basil's legendary genealogy is the story of his origin from the Parthian-Armenian dynasty of Arsacids (an indication of the Armenian origin of the founder of the Macedonian dynasty?). Constantine Porphyrogennetos elaborated this story further, describing in some detail the fate of Arsac's descendents, to whom Basil was allegedly related on his father's side, in the Byzantine Empire. This, of course, does not mean that he forgot to create connections between his grandfather and the standard legendary ancestors, like Constantine the Great (on Basil's mother's side) and Alexander the Great (the common ancestors of both Basil's parents). This apocryphal family tree certainly has its roots in the fact that the founder of the Macedonian dynasty was a parvenu of low origin, whose ascent to the throne was maculated by the murder of his predecessor and benefactor Michael III: apart from providing Basil with the noble origin, the genealogy was supposed to strengthen his right to the crown. One should keep in mind, though, that Basil's genealogy was written in the time of "Macedonian renaissance", so that its content is doubtlessly partly a product of the erudition of the compilers. In the course of time, legendary genealogies were enriched with new elements, stemming from the Byzantine history in the narrower sense of the word. The genealogy of Nikephoros III Botaneiates, compiled by Michael Attaleiates in the second half of the 11th century, is a good illustration to this. In contrast to Basil the Macedonian's genealogy, it is interwoven with real historical data, so that it cannot be called 'legendary' in its entirety. It would probably be more appropriate to call it a genealogy of both the Phokades and the Botaneiatai, since its core is made up of an invented story of the origin of the famous Byzantine family of Phokades, from which the family of Botaneiatai purportedly stems. The genealogy is clearly divided into three parts. In the first part, Attaleiates develops a theory according to which the Phokades are descendents of the Roman patrician families of Fabii and Scipios. The second part is devoted to the elaboration of the genealogical connection between the Phokades and the Botaneiatai, a tour deforce achieved by the claim that the latter are direct descendents of Nikephoros II Phokas, who is not only the central figure of this part in his capacity as an ancestor of Nikephoros III, but also as a model of a virtuous Emperor. Comparable to the habit of other writers to single out one or another characteristic trait of Constantine the Great according to their needs, Attaleiates concentrates on Nikephoros Phokas' military qualities, which are similar to those possessed by his "descendent" Botaneiates, and emphasizes the physical resemblance between the two rulers. In all likelihood, the part on the genealogy of the Phokades, as well as the story of Nikephoros Phokas, were taken over from an earlier tradition dealing with this renowned family, which Attaleiates implicitly mentions when he says that he had used 'an old book' and some other writings. As indicated above, the last, third, part of the genealogy, devoted to the deeds of Nikephoros Botaneiates' father and grandfather, does not fit the narrow definition of a legendary genealogy, despite the exaggerations Attaleiates uses in order to satisfy the demands of the genre. The description of Nikephoros Botaneiates' family tree represents merely an excursus within Attaleiates' History, but its composition has nevertheless an internal coherence and logic. Namely, all parts of the genealogy (the histories of the Fabii/Scipios, Phokades, and Botaneiatai) have one characteristic in common: the stories of the military deeds of the members of these families are used as an illustration of the military virtues of Nikephoros III. Since the hidden intention of the panegyric for Nikephoros III Botaneiates is to justify his usurpation of the throne, it is clear that a genealogy in this form ? especially the section pertaining to Nikephoros Phokas and his kinship with the usurper's father and grandfather ? represents a good basis for a legalistic interpretation of the coup d'?tat of 1078. The permeation of legendary genealogies with the Byzantine history is not confined only to individual Emperors which, like Nikephoros II Phokas, get assigned the role of the ancestor and moral model: some aristocratic families, most often the Phokades and the Doukai, also became moral exempla, serving to prove the reputation and the nobility of the ruler. As in the case of the Phokades, there is also a legendary tradition surrounding the family of Doukai, which made them a kind of model family: Being related to them became a measure of nobility, since it allowed the less prominent families to occupy a more distinguished place on the hierarchy of the Byzantine nobility. The prominence certain family names achieved ? mostly those of the families which created a dynasty ? led from the beginning of the 12th century until the fall of the Empire to free adoption and combination of more different surnames (mostly Doukai, Komnenoi, Angeloi, Palaiologoi, Kantakouzenoi, etc.). This, in turn, led to the creation of fictitious family trees. This kind of apocryphal construction of one's own origin was characteristic not only of the Byzantine culture but rather represented a very common phenomenon in the medieval world. In the medieval Serbia, for instance, its dissemination was fostered by the translation of the writings of the Byzantine chroniclers (Georgios Monachos, John Malalas, Constantine Manasses, and John Zonaras), so that legendary genealogies, written according to the Byzantine pattern, became an expression of the wish to include one's own history into the flow of the world history. Finally, a note on the reception of this genealogical line of thought. Parallel to the fictitious genealogies, there also existed a consciousness about them: Just like the development and the functional load of genealogies reveals a lot about the attitudes of the Byzantines towards power, so do the Byzantine writers who often criticize and ridicule the genealogies of individual Emperors. .

Artikel ini membahas mengenai (1) pelanggaran prinsip Utmost Good Faith sebagai dasar untuk menolak klaim tertanggung dalam sengketa asuransi jiwa antara Endry Suryanti melawan PT. Asuransi Allianz Life Indonesia sudah tepat penerapannya menurut hukum asuransi. Kemudian (2) dampak hukum penerapan Waiting Period pada polis asuransi No. 000012400302 atas nama Erisman terhadap tanggung jawab polis, serta (3) penerapan prinsip Utmost Good Faith dalam putusan nomor 138/pdt.g/2012/Pn.Pdg. Penelitian ini menggunakan metode yuridis-normatif, dimana data penelitian sebagian besar berasal dari studi kepustakaan. Hasil penelitian ini adalah (1) Pelanggaran prinsip Utmost Good Faith sebagai dasar bagi PT. Allianz Life Indonesia untuk menolak klaim Erisman sudah sesuai menurut hukum asuransi, (2) dampak hukum waiting period terhadap tanggung jawab polis adalah Penanggung tidak wajib memberikan maslahat (manfaat/klaim) meninggal karena belum tercapai masa waktu tertentu, serta (3) penerapan prinsip Utmost Good Faith belum dilakukan oleh Majelis Hakim karena masa polis asuransi Erisman belum mencapai waktu tertentu sebagaimana ketentuan pasal 2 polis asuransi dan Penggugat tidak dapat membuktikan dalil gugatannya di persidangan sehingga tidak ada relevansi nya mempertimbangkan bukti Tergugat lainnya.

Artikel ini membahas mengenai (1) pelanggaran prinsip Utmost Good Faith sebagai dasar untuk menolak klaim tertanggung dalam sengketa asuransi jiwa antara Endry Suryanti melawan PT. Asuransi Allianz Life Indonesia sudah tepat penerapannya menurut hukum asuransi. Kemudian (2) dampak hukum penerapan Waiting Period pada polis asuransi No. 000012400302 atas nama Erisman terhadap tanggung jawab polis, serta (3) penerapan prinsip Utmost Good Faith dalam putusan nomor 138/pdt.g/2012/Pn.Pdg. Penelitian ini menggunakan metode yuridis-normatif, dimana data penelitian sebagian besar berasal dari studi kepustakaan. Hasil penelitian ini adalah (1) Pelanggaran prinsip Utmost Good Faith sebagai dasar bagi PT. Allianz Life Indonesia untuk menolak klaim Erisman sudah sesuai menurut hukum asuransi, (2) dampak hukum waiting period terhadap tanggung jawab polis adalah Penanggung tidak wajib memberikan maslahat (manfaat/klaim) meninggal karena belum tercapai masa waktu tertentu, serta (3) penerapan prinsip Utmost Good Faith belum dilakukan oleh Majelis Hakim karena masa polis asuransi Erisman belum mencapai waktu tertentu sebagaimana ketentuan pasal 2 polis asuransi dan Penggugat tidak dapat membuktikan dalil gugatannya di persidangan sehingga tidak ada relevansi nya mempertimbangkan bukti Tergugat lainnya.

Artikel ini membahas mengenai (1) Apakah alasan penolakan pembayaran klaim pada putusan nomor 352/Pdt.G/2013/PN. Jkt. Sel, antara Dahlan Sinambela sebagai penggugat melawan PT Axa Mandiri Financial service sebagai Tergugat sudah tepat menurut hukum asuransi?; (2) Bagaimana penerapan prinsip utmost good faith pada perkara antara dahlan sinambela melawan PT Axa Mandiri Financial Service pada tingkat pertama hingga tingkat kasasi?. Pada penelitian ini digunakan metode Yuridis-normatif sehingga data yang digunakan berasal dari studi kepustakaan. Hasil dari penelitian ini adalah (1) Penolakan pembayaran klaim polis nomor 512-6844199 tanggal 2 Maret 2012 atas nama Tertanggung Uli Sinambela sudah tepat menurut hukum asuransi, (2) Pengadilan Negeri belum menerapkan Prinsip utmost good faith sedangkan dalam tingkat Pengadilan Tinggi dan Kasasi Majelis Hakim telah menerapkan Prinsip Utmost Good Faith dengan benar.

Artikel ini membahas mengenai (1) Apakah alasan penolakan pembayaran klaim pada putusan nomor 352/Pdt.G/2013/PN. Jkt. Sel, antara Dahlan Sinambela sebagai penggugat melawan PT Axa Mandiri Financial service sebagai Tergugat sudah tepat menurut hukum asuransi?; (2) Bagaimana penerapan prinsip utmost good faith pada perkara antara dahlan sinambela melawan PT Axa Mandiri Financial Service pada tingkat pertama hingga tingkat kasasi?. Pada penelitian ini digunakan metode Yuridis-normatif sehingga data yang digunakan berasal dari studi kepustakaan. Hasil dari penelitian ini adalah (1) Penolakan pembayaran klaim polis nomor 512-6844199 tanggal 2 Maret 2012 atas nama Tertanggung Uli Sinambela sudah tepat menurut hukum asuransi, (2) Pengadilan Negeri belum menerapkan Prinsip utmost good faith sedangkan dalam tingkat Pengadilan Tinggi dan Kasasi Majelis Hakim telah menerapkan Prinsip Utmost Good Faith dengan benar.

The Constitutional Court has held that the provisions of the Prevention of Organised Crime Act 121 of 1998 that empower the State to apply ex parte for restraint and preservation orders regarding property involved in criminal activities do not per se violate the requirements of the audi alteram partem rule. However, the State still has to adhere to the normal procedural and other obligations imposed on applicants approaching courts for orders on an ex parte basis; one of these obligations is the duty of utmost good faith or uberrima fides. This article examines the application of this rule by SA courts. As respondents are diligent in seeking instances of nondisclosure of relevant information to warrant the application of the uberrima fides rule to their advantage, a high degree of openness and good faith is required from the State in order to avoid these ex parte orders being rescinded or discharged

This study focuses on the study of media development against misinformation and contains the best elements. This situation has been exploited by the actors / activities that conduct business pyramid scheme invetation. The social growth media plays an important role in the development of the pyramid in which the givers / promoters in attracting the public interest, carried out in a pattern that is shared with the public figures using the ambassador's brand, the notes boost offerees to join other aspects such as legality and prospects social media investment, social media, culture, culture, culture, culture, culture, socialization, promotion, promotion, promotion, promotion, promotion. This study focuses on the study of violations of law against the principle of utmost good faith in the fraudulent practices of pyramid schemes used by the offeror when conducting recruitment. This fraudulent practice in its development uses social media as a misleading means of conveying information. To appeal to a widely used pattern of inviting offeree by accentuating the public figure being brand ambassador, thus boosting offeree trust to join. The objective of the study was to criticize mediamorphosis in eradicating fraudulent pyramid schemes in business investment. This research uses empirical juridical method with normative juridical approach. Observation activities support the search for legal literature. The results show that, (1) misleading information is a violation of the principle of utmost good faiht used when the promoter offers and recruits the offeree into the fraudulent practices of the pyramid scheme business; (2) social media into commodities and promotional support instruments for offerors in the fraudulent practices of pyramid scheme business investments; offeree joins a prominent pyramid promotion scheme without considering the legality and prospects of the investment.

Almarhum H. Sisman mengasuransikan jiwa kepada P.T. AJMLI pada 24 September 2012, tertanggung meninggal dunia pada 27 November 2012. Ahli waris tertanggung mengajukan klaim, namun klaim tersebut ditolak pihak asuransi dengan alasan tertanggung meninggal disebabkan penyakit kanker, dimana penyakit tersebut termasuk penyakit yang dikecualikan di dalam polis. Permasalahan dalam penelitian ini adalah 1) Apakah tertanggung telah melanggar Prinsip Itikad Baik (Utmost Good Faith) menurut hukum asuransi 2) Bagaimana proses penyelesaian klaim asuransi jiwa Alm. H. Sisman antara ahli waris tertanggung dengan P.T. AJMLI. Untuk menjawab permasalahan dilakukan penelitian hukum normatif terhadap norma-norma hukum asuransi jiwa, penelitian ini bersifat deskriptif dimana data utama yang digunakan dalam penelitian ini adalah data sekunder. Pengumpulan data dilakukan dengan studi kepustakaan, pengolahan data dilakukan secara kualitatif dan penarikan kesimpulan dilakukan dengan metode deduktif. Kesimpulan dari penelitian ini adalah alasan penolakan klaim asuransi jiwa Alm. H. Sisman yang dilakukan oleh P.T. AJMLI Internasional telah sesuai dengan prinsip itikad baik (utmost good faith) dan proses penyelesaiannya berdasarkan Putusan PN ahli waris mendapatkan manfaat asuransi berdasarkan putusan PN Kolaka, dikuatkan dengan putusan PT Sultra, dan putusan kasasi yang ditolak sepenuhnya. Dan akibat hukum karena tertanggung telah melanggar prinsip itikad baik (utmost good faith) adalah perjanjian asuransi tersebut batal atau dengan kata lain penanggung tidak mempunyai kewajiban untuk memberikan manfaat pembayaran asuransi jika terjadi klaim atas meninggalnya jiwa yang diasuransikan tersebut. Kata Kunci : Asuransi Jiwa, Prinsip Itikad Baik

In Hungary, some judges tend to decide cases in a way they think is popular among ordinary people. I call this phenomenon ‘judicial populism.‘ I argue in this paper that judicial populism cannot be explained correctly – and cannot even be detected – by interpreting and evaluating judgments with utmost good faith.