Saturday, December 15, 2012

Uberrimae fidae

The doctrine of uberrimae fidae (Latin: in utmost good faith) means that a contract of insurance is a contract of utmost good faith such that the other party is entitled to rescind the contract even if the cause of death or the cause of the destruction of the property is totally not connected with the fact concealed and even if there is an absence of an intent to deceive. It is presumed that there is a full disclosure of all pertinent facts on both contracting parties in the execution of such contracts.

No comments:

Post a Comment