Question
Which jurisprudential principle best supports the
concept of "utmost good faith" (Uberrimae fidei) in insurance contracts?Solution
The principle of utmost good faith (Uberrimae fidei) is fundamental in insurance contracts, requiring both partiesāinsurer and insuredāto disclose all material facts honestly. ⢠This principle is rooted in equity and fairness, ensuring trust and transparency in contracts where there is an inherent imbalance of information. ⢠Unlike typical contracts, insurance contracts rely heavily on the insuredās disclosure because the insurer cannot easily verify all facts. ⢠Failure to act in utmost good faith can lead to voidance of the policy. ⢠Jurisprudentially, it reflects the equitable maxim that āhe who seeks equity must do equity.ā The principle of utmost good faith (Uberrimae fidei) is fundamental in insurance contracts, requiring both partiesāinsurer and insuredāto disclose all material facts honestly. ⢠This principle is rooted in equity and fairness, ensuring trust and transparency in contracts where there is an inherent imbalance of information. ⢠Unlike typical contracts, insurance contracts rely heavily on the insuredās disclosure because the insurer cannot easily verify all facts. ⢠Failure to act in utmost good faith can lead to voidance of the policy. ⢠Jurisprudentially, it reflects the equitable maxim that āhe who seeks equity must do equity.ā
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