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ARTICLE · 13 SEPTEMBER 2024

The Duty To Inform Under Insurance Law

Insurance law provides assurance against the risks identified by the parties to an insurance policy. Accordingly, insurance policies must comply with critical regulations that aim to achieve a balance...

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Insurance law provides assurance against the risks identified by the parties to an insurance policy. Accordingly, insurance policies must comply with critical regulations that aim to achieve a balance between the parties and prevent information asymmetry. As a cornerstone of a policy, the duty to inform requires the insurer to inform the policyholder about the content of the policy, the sum insured, and the risks and the terms of the policy.

The duty to inform under insurance law first emerged in English law with the principle of "utmost good faith," or uberrimae fidei in Latin. The principle of "utmost good faith" is a minimum standard that legally obligates all parties to a contract to act honestly and avoid withholding critical information from or misleading each other. It was adopted to prevent information asymmetry between the parties in insurance policies, and the English courts started to exercise this principle in the early 18th century. The principle

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