Private Law Theory

ABSTRACT
This article addresses the question: what is the underlying rationale of the doctrine of utmost good faith in English insurance law and its equivalent principles in other jurisdictions? It then examines the emergence of InsurTech and evaluates its effect upon the doctrine. It concludes with the suggestion that the doctrine as it is currently formulated no longer has any practical purpose and should be reformulated to place the burden that was once primarily upon policyholders on to insurers instead.

Meggitt, Gary, A Leap of Faith – Insurtech and the Doctrine of Uberrimae Fidei (2018). Journal of Comparative Law (2018) volume 13.2 pp261-282, University of Hong Kong Faculty of Law Research Paper No 2021/051.

First posted 2021-12-15 16:00:58