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The Duty of Disclosure upon the Insured in an Insurance Contract

By Kyara Mathias

Published In

CLC 2003

In a contract of insurance, being a special contract based on utmost good faith, the parties to the contract are bound to disclose all material facts within their knowledge. A breach of the duty of disclosure enables the aggrieved party to avoid the contract. The aggrieved party must elect, whether or not to avoid the contract, within a reasonable time of getting knowledge of the breach. The duty of disclosure is not an implied condition of the contract of insurance, but arises outside and independently of the contract of insurance. The renewal of a policy constitutes the creation of a fresh contract. The duty of disclosure arises on each successive renewal. This article examines certain critical issues within the law of disclosure in insurance law. Introduction Insurance contracts, unlike other contracts,1 are contracts uberrimae fidei, contracts of the utmost good faith. In such contracts, in addition to the duti ....

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