Good Faith and Insurance Contracts
Page 689
Index
Index
- Abandonment, notice of,
- ABI (Association of British Insurers), ,
- Absolute good faith,
- Abuse of rights, –,
- Acceptance
- Accounts,
- Acquiescence, ,
- Addendum, variation by,
- Additional premium clauses, –
- Adequate disclosure,
- Adjustment of obligations, –
- Admiralty Court jurisdiction,
- Advice see also Legal advisers
- Affirm or avoid, election to, –, –
- acceptance, –
- addendum, variation by,
- affirmation, meaning of,
- agents, –
- applicable doctrines, –
- arbitration agreements,
- arbitration clauses, severance of, , , –,
- automatic avoidance clauses,
- basis clauses,
- breach of duty, –
- burden of proof, –, –,
- certainty,
- claims, payment of,
- common law,
- communication, , , –
- conduct,
- consideration, ,
- contractual rights, –
- damages,
- defence, reliance on a policy,
-
delay, , –Page 690
- effect of,
- election, definition of,
- endorsement, –
- enquiries, –, ,
- estoppel, , –,
- explanation of the facts,
- facts,
- final once made,
- fraud, , , , , ,
- inactivity, –
- inducement,
- intention distinguished from knowledge,
- investigations,
- issue of policies, , –
- knowledge, –
- facts, of, –, , –,
- laches, ,
- legal advice, –, –
- life insurance,
- London market,
- materiality, , ,
- misrepresentation, –, ,
- non-disclosure,
- objectivity,
- premiums,
- promissory estoppel, , –, , –
- question of fact, –
- reliance,
- renewals,
- replacement policies,
- repudiation, ,
- reservation of rights, –, ,
- rights, knowledge of, –
- silence, , , –
- slips, signing,
- termination,
- time for, –
- unconscionability, –
- unequivocal conduct, –
- variation,
- waiver, –
- warranties, breach of, , –
- words, ,
- Age
- Agents, –, – see also Agents, fraud of; Agents, knowledge and; Brokers
- affirm or avoid, election to, –
- allegations,
- alter egos,
- assured, of the, –, –, –
- authority, –
- avoidance,
- breach of duty,
- capacity,
- claims, –
- claims handling,
- co-insurers, ,
- communications,
- conduct,
- confidentiality,
- consumer insurance,
- course of business, , ,
-
damages,Page 691
- fraudulent claims, –,
- information, –, –,
- insurers, of, , , –
- intelligence,
- knowledge, , –
- late, information provided too, –,
- marine insurance,
- materiality, –, , ,
- misrepresentation, , –,
- negotiations,
- notice, ,
- ordinary course of business, , ,
- placing, disclosure at, , –
- principal,
- proposal forms, completion of, –
- reinsurance, ,
- representations, , , –,
- representees, as, –
- representors, as, –
- rumours, allegations, communications and intelligence,
- undisclosed principal,
- waiver, –
- Agents, fraud of,
- affirm or avoid, election to,
- alter egos,
- attribution, rule of, ,
- authority, actual or apparent,
- co-assured,
- companies, alter egos of,
- dereliction of duty, acting in,
- genuine part of claims,
- knowledge, –, –,
- Marine Insurance Act 1906, ,
- placing,
- principal, on –
- seaworthiness, privity of assured and,
- vicarious liability,
- wilful misconduct,
- Agents, knowledge and, , –
- acquired other that as an agent, –,
- actual or ostensible authority, ,
- affirm or avoid, election to, –
- breach of duty, –, –
- capacity,
- claims, fraudulent, –
- concealment,
- constructive,
- deemed,
- dereliction of duty,
- directors, –
- fraud, –, –, –,
- principal, on, –
- general, –
- imputed knowledge, –, –, , ,
- information, –, –,
- insurance contracts, –
- Lloyd’s,
- marine insurance, ,
- materiality, –, , ,
- notice,
- notice other than as an agent, knowledge acquired, –,
- placing, , –
- proposal forms, –
- reinsurance,
- Allegations see Rumours, allegations, communications and intelligence
- Alter egos, ,
- Application of duty of good faith
- common law, ,
- consumer insurance, , –
- declarations,
- disclosure, ,
- fairness,
- fire insurance,
- floating policies,
- inducement,
- insurance instruments, –
- insurance markets, –
- knowledge,
- life insurance,
- marine insurance, –
- materiality, ,–,
- open cover,
- property insurance,
- reform, ,
- reinsurance treaties,
- rejection of risk,
- types of insurance policy, –
- underwriters, materiality of opinions of,
- utmost good faith, –, –,
- Arbitration agreements
- affirm or avoid, election to, , , –
- clauses, severance of, , , –
-
forfeiture,Page 692
- promissory estoppel,
- Assignees, –
- ‘arising out of the contract’, meaning of, –
- avoidance, –, , ,
- beneficial interests,
- breach of the duty, –
- choses in action, –, –,
- co-assured,
- common law, ,
- consent,
- defective policies, ,
- defences, , ,
- entire contract,
- equities, subject to, –,
- fraudulent claims,
- insurable interest, , ,
- international trade,
- Law of Property Act 1925, , ,
- life insurance,
- marine insurance, –, ,
- Marine Insurance Act 1906, –,
- market practice,
- materiality, ,
- misrepresentation,
- mortgagees,
- mutuality,
- non-disclosure, , , ,
- notice, ,
- occurrence of loss,
- Policies of Marine Assurance Act 1868,
- premiums, recovery of,
- security for debt, ,
- title to sue,
- trustees, –
- undertakings, letters of,
- utmost good faith, subject to duty of, –
- vicarious liability,
- voidable contracts, –,
- war risks,
- Association of British Insurers (ABI),
- Associations, fiduciaries and,
- Assumption of responsibility,
- Assured see also Co-assured
- age, materiality of,
- agents, –, –, –
- brokers, –
- burden of proof, –
- concerns,
- financial history and practices, materiality of, –
- health, materiality of, –
- history, insurance, –
- identity of assured, –, –, –
- insurable interest, materiality of, –,
- knowledge, –
- materiality, –, –, , –
- moral hazard, materiality and, –
- nationality, materiality of, –
- occupation, materiality of,
- origins, materiality of,
- privity of the,
- profession, materiality of,
- race discrimination, materiality of,
- representations, implied,
- residence, materiality of,
- unfair presentation of risk, –,
- Automatic avoidance clauses,
- Aviation insurance, ,
- Avoidance or rescission, – see also Affirm or avoid, election to; Avoidance or rescission of fraudulent claims
- acquiescence,
- agents,
- arbitration agreements, ,
- assignment, –, , ,
- Australian Law Reform Commission,
- automatic avoidance clauses,
- availability,
- bad faith, , ,
- basis clauses, ,
- breach of contract,
- breach of duty, , –, –,
- brokers, , , ,
- cancellation, –
- change of circumstances,
- claims, , , –
- claims co-operation clauses,
- co-assured, , –, –
- co-insurers, ,
- common law, , , –, , , –
- composite insurance,
- compromise, ,
-
concealment,Page 693
- conduct, ,
- consent, ,
- consumer insurance,
- continuation of duty, , , ,
- contractual avoidance, –
- damages, , , , –, –, –
- deceit, ,
- declarations, ,
- declining claims without, avoidance –
- delay, , , , –
- delivery up, –
- disclosure, , , , , , ,
- discovery,
- discretion, , –, –
- earlier policies or contracts,
- election, –
- endorsements,
- estoppel, , –,
- exaggerated claims, ,
- exemption clauses, –
- follow the settlements,
- forfeiture, –
- genuine part of claims,
- guarantees or surety contracts,
- harshness of remedy, –, –,
- illegality,
- inactivity, , , –
- inducement, –, , , ,
- insurance policies, existence of,
- insurers,
- investigations, –
- issue of policies,
- joint insurance,
- knowledge, , , , ,
- laches, , ,
- Law Commission, –
- law reform, –
- litigation, commencement of,
- marine insurance, , –, , , , –
- Marine Insurance Act 1906, , –, , , ,
- materiality, –
- meaning of avoidance, –, –
- meaning of rescission, –
- misrepresentation, –,
- motor insurance, , , ,
- mutuality, , ,
- occupation or professional, materiality of,
- open cover,
- ownership,
- payment of claims,
- placing,
- post-contractual duty, , –, , , –, –
- pre-contractual duty of disclosure, , , ,
- premiums,
- procurement,
- promissory estoppel, –,
- proportionality, , ,
- prudent or reasonable underwriter,
- public purpose,
- questions,
- refusal to issue policies,
- rehabilitation of offenders,
-
remedies, –Page 694
- renewals, , –
- repudiation,
- reservations,
- restitution, –, , –
- retrospectivity,
- silence, , , , , –
- social or policy view of good faith,
- source of, –
- subrogation,
- termination, , , , , ,
- third parties, , ,
- time limits,
- ‘unclean hands’, –
- unconscionability, –
- unfair presentation of risk,
- use,
- utmost good faith, –, –, –, –
- valuation, , ,
- variation, , –
- void contracts, –, ,
- voidable contracts, –
- waiver, –
- warranties, –, ,
- Avoidance or rescission of fraudulent claims
- agents,
- aggravated,
- common law,
- compromise,
- concealment,
- consent, ,
- continuing duty,
- declining claims without avoidance, 16.248
- devices, ,
- discretion, –
- equity, –
- forfeiture, , –, ,
- full disclosure,
- implied terms,
- Law Commission, –
- marine insurance, –
- materiality, , ,
- misrepresentation, –
- particular claims, in reference to,
- post-contractual duty, ,
- prevention of fraud,
- public purpose,
- remedies, –
- restitution, –,
- retrospectivity,
- utmost good faith,
- void contracts, –
- Bad faith,
- Bankruptcy, ,
- Barcelona, statutes of,
- Basis clauses, , –
- abolition,
- accuracy of facts,
- affirm or avoid, election to,
- alleviation from clauses, –
- ambiguity, ,
- avoidance, ,
- change in circumstances,
- co-assured,
- conditions precedent, , , –,
- consumer insurance, ,
- Consumer Insurance (Disclosure and Representations) Act 2012, –
- damages,
- declarations, ,
- delay,
- effect of clauses, –
- enquiries,
- false representations,
- health,
- history, insurance,
- inactivity,
- inducement, , , ,
- ineffectiveness of clause,
- Insurance Act 2015, –
- intention,
- interpretation, , –
- language, clear and unambiguous, , ,
- Law Commission, ,
- law reform,
- legislation, effect of, –
-
life insurance, ,Page 695
- materiality, , –, –, –
- misrepresentation, , , ,
- mistake,
- motor insurance,
- nature of, –
- negotiations,
- omissions,
- opinions,
- placing, –
- pre-contractual representations, ,
- prohibition, –
- promissory estoppel, –
- promissory warranties,
- proposal forms, , ,
- questions, , , ,
- rectification,
- reinsurance,
- representations, –, , –,
- silence,
- social or policy view of good faith,
- truth, , –, –,
- unfair contract terms, ,
- void contracts,
- waiver, , , , –
- warranties,
- Beliefs see Opinions or beliefs
- Beneficial interests, assignees and,
- BILA (British Insurance Law Association),
- Binding authorities,
- Breach of contract, , , , ,
- Breach of duty
- affirm or avoid, election to, –
- agents, –, –, –
- assignees, –
- avoidance, –, –
- brokers, , –
- burden of proof, –
- causation,
- cause of action, elements of
- co-assured, –
- co-insurers, , –
- continuation of duty,
- damages, –, , –
- inducement, ,
- insurer relief, elements,
- issue of policies, –
- knowledge, –, –, ,
- legal advisers,
- materiality, ,
- misrepresentation,
- moral hazard, –
- past, –
- placing, at, –
- technical breach,
- Third Parties (Rights against Insurers) Act 1930,
- waiver, –,
- British Insurance Law Association (BILA),
- Brokers
- assured,
- avoidance, , ,
- breach of duty, , –
- capacity,
- companies, parts of,
- confidential information, disclosure of,
- conspiracy to defraud,
- constructive knowledge, doctrine of,
- course of business, ,
- damages, –,
- deceit,
- disclosure, independent and specific duty of, , , , –
- explain the terms, duty to, –
- fiduciary relationships, ,
- forfeiture,
- fraud, , , ,
- identity of the assured,
- information, –, , , , –
- Insurance Act 2015,
- insurers, of,
- intermediate,
- knowledge,
- connected to company,
- late, information provided too, –,
- Marine Insurance Act 1906, , –
- market practices and customs,
- materiality, , , , , –
- misrepresentation, –,
-
mutuality,Page 696
- negotiations,
- ordinary course of business, ,
- personal liability, ,
- placing, –
- policy,
- producing,
- reasonable care, exercise of,
- representations, –
- role, ,
- status of, –,
- terms, duty to explain the, –
- updated information,
- utmost good faith,
- waiver,
- Buildings, age of,
- Bundle of contracts,
- Burden of proof, –
- affirm or avoid, election to, –, –,
- age,
- allegations,
- assured, –
- breach of duty, –
- concealment,
- conditions,
- disclosure, –
- exceptions to the duty of disclosure,
- fire,
- fraud, , , , –, –
- inducement, –, ,
- insurers, –
- knowledge,
- materiality, , ,
- misrepresentation, , ,
- non-disclosure,
- perils of the sea,
- pleadings,
- promissory estoppel,
- representations,
- waiver, –, ,
- warranties,
- Burglary insurance,
- Cancellation
- Candour, ,
- Cargo
- Causation
- Certainty,
- Chancery, –,
- Change of circumstances
- Charterparty clauses,
- Choses in action, assignment of, –, , –
- Civil law, ,
- Civil proceedings see Litigation
- Claims see also Exaggerated and excessive claims; Fraudulent claims
- affirm or avoid, election to,
- agents, –,
- assessment of claims, –
- assured,
- avoidance, –
- claims control clauses, , –
-
claims co-operation clauses, –,Page 697
- claims handling, –
- co-assured,
- compromise,
- conduct, ,
- conspiracy to injure,
- Consumer Insurance (Disclosure and Representations) Act 2012,
- continuation of duty, –, , –, , –
- corporate assured, –
- deceit, –
- delay,
- directive on insurance contracts, proposal for, ,
- disclosure, –
- documentation,
- entire,
- entire contracts,
- experience, –
- extent of duty of good faith,
- facultative reinsurance contracts,
- follow the settlements,
- forfeiture, –
- genuine parts of claims, , –, , , ,
- handling,
- implied terms, , , –
- inducement,
- information, –
- Insurance Act 2015,
- investigations, , , , , , –
- knowledge, –
- legal advisers, –
- liability insurance,
- Marine Insurance Act 1906, , ,
- materiality, , , , –
- misrepresentation, , , , ,
- mutuality,
- nature of duty of good faith, , –
- negotiations, –
- non-disclosure, –, –
- notice, , , –
- payment of,
- avoidance,
- conduct, ,
- reservation of rights,
- performance,
- post-contractual duty of disclosure, , –, –, –,
- pre-contractual duty of utmost good faith, , ,
- presentation of claims, –, –, –, –
- promissory estoppel,
- proportionality, ,
- reasonableness,
- reasonable time, , –, –
- reinsurance,
- repudiation,
- reservation of rights,
- restitution of proceeds of,
- scope of duty, –
- Statement of General Insurance Practice,
- Statement of Long-Term Insurance Practice,
- subrogation, ,
- termination,
- treatment, –
- utmost good faith, , –
- Claims co-operation clauses, –,
- Classification of contracts, –
- Clauses see also Basis clauses; Held covered clauses; Terms; Warranties
- Club insurance,
- Co-assureds, –
- agents, fraud of,
- assignees,
- avoidance, , –, –
- bad faith, –
- basis clauses,
- breach of duty, –
- claims,
- composite insurance, , ,
- exaggerated claims,
- fraud, , , ,
- insurance contracts,
-
insurable interest, , –Page 698
- insurance policies,
- joint insurance, , –,
- materiality, ,
- misrepresentation,
- post-contractual duty,
- pre-contractual duty,
- several, ,
- utmost good faith,
- warranties,
- Codification, , , –,
- Co-insurers
- agents, ,
- avoidance, ,
- breach of duty, , –
- bundle of contracts,
- causes of action,
- commercial insurance,
- consumer insurance,
- customs,
- evidence, , –,
- following underwriters, –
- group insurance, –
- household insurance,
- inducement, ,
- leading underwriters, –
- lines,
- Marine Insurance Act 1906,
- materiality, , –
- misrepresentation, , ,
- notice,
- open cover, declarations on,
- reliance, ,
- risk assessment,
- subscribing to risks, –
- tortious liability,
- utmost good faith,
- Commercial contracts
- Commercial law, –
- Commission, disclosure of,
- Common law
- application of duty of good faith,
- assignees, ,
- avoidance, , , –, , , –
- Chancery, –,
- codification of, , , –
- consideration,
- courts,
- damages, –, , , ,
- disclosure,
- equity, , , –
- explain the terms, duty to, ,
- forfeiture, –
- fraud, –, ,
- Judicature Acts,
- law merchant, –, –,
- Marine Insurance Act 1906, , , –
- materiality, –
- misrepresentation, ,
- mistake,
- negligent misrepresentation,
- negotiations,
- non-disclosure, , –, ,
- procedure,
- remedies, , , –
- source of duty of utmost good faith, –, , –, ,
- terms, duty to explain the, ,
- unconscionability,
- utmost good faith, –, , –, , ,
- Communications see Rumours, allegations, communications and intelligence
- Companies
- agents, fraud of,
- alter egos,
- attribution, rules of, –
- brokers,
- claims, –
- departments of, , ,
- directing mind and will, , , –, ,
- directors, –
- fraud, –,
- history, insurance,
- knowledge,
- parts of, , ,
- predecessor,
-
shares publicly offered, contracts for purchase of, –Page 699
- vicarious liability,
- Composite insurance, , , , , ,
- Compromise
- Concealment
- Conditions
- Conduct
- affirm or avoid, election to, claims, payment of, ,
- agents,
- avoidance, ,
- cancellation provisions,
- causation,
- claims, payment of, , ,
- contractual rights, –
- course of,
- defence, reliance on a policy,
- delay, , –
- directive on insurance contracts, proposal for,
- disclosure,
- examples of unequivocal,
- future, promises of, –
- inactivity, , , , –
- information, request for further,
- inspection, , –
- intention, , –
- meaning of good faith,
- payment of claims, , ,
- policies, issue of, –
- premiums, acceptance of, –
- promissory estoppel, , , –
- reasonableness,
- records,
- reliance,
- renewals,
- replacement policies,
- representations, implied, ,
- reservation of rights,
- security measures, advice on,
- silence, , , , –
- unequivocal, –, , , –
- variation,
- waiver, –,
- wilful misconduct, ,
- words,
- Confidentiality
- Conflicting duties, –
- Conflicts of interest,
- Conjecture, –
- Consensus ad idem,
- Consideration
- affirm or avoid, election to, ,
- common law,
-
formation of contract, ,Page 700
- misrepresentation,
- total failure of, ,
- Conspiracy
- Consumer contracts,
- Consumer insurance
- contracting out, ,
- explain the terms, duty to,
- disclosure,
- fraudulent claims clauses,
- information,
- insurer claiming relief, elements,
- Law Commission, , , –
- Marine Insurance Act 1906,
- materiality, , –
- misrepresentation, ,
- public policy,
- qualifying misrepresentations,
- recent reform,
- regulation,
- terms, duty to explain the,
- unfair contract terms, –, ,
- utmost good faith,
- waiver,
- Consumer Insurance (Disclosure and Representations) Act2012, , –
- agents,
- application, ,
- basis clauses, –
- prohibition, –
- consumers, definition
- contracting out, ,
- contractual avoidance,
- inducement,
- introduction,
- modification of duty of disclosure,
- pre-contract and pre-variation information,
- pre-contractual disclosure,
- qualifying duty of utmost good faith, , , , ,
- qualifying misrepresentations,
- utmost good faith,
- variation,
- Continental jurisdictions,
- Continuation of the duty, –
- Australian Law Reform Commission,
- avoidance, , ,
- breach of duty,
- cancellation,
- causes of action,
- claims, –, , –, , –
- confirmation,
- disclosure, –
- extension,
- fairness,
- formation of contract,
- fraud, –
- guarantees or surety contracts,
- inducement,
- issue of policies,
- liability, establishment of,
- litigation, commencement of, –
- marine insurance,
- Marine Insurance Act 1906, ,
- negotiations,
- placing, –,
- post-contractual duty of good faith, –, ,
- pre-contractual duty of good faith, ,
- rejection of claims, ,
- renewal,
- revival,
- ship’s papers, discovery of, –,
- termination, –, –
- warranties, ,
- Contracts see also Breach of contract; Formation of contract; Unfair contract terms
- classification of, –
- collateral, ,
- definition of insurance contract,
- general obligation in all contracts,
- guarantees or surety contracts, , –
- indemnities,
- interpretation,
- materiality,
- meaning of good faith, ,
- other arrangements and,
- privity of contract, , –
-
remedies, –Page 701
- shares publicly offered, contracts for purchase of, –
- spouses, between, –
- subject-matter,
- utmost good faith, , –
- Contribution,
- Convictions see Previous convictions
- Course of business see Ordinary course of business
- Courts of Chancery,
- Credit history, disclosure of, –
- Criminal offences see also Fraud; Rehabilitation of offenders
- Custom
- Damages, –
- affirm or avoid, election to,
- agents,
- assumption of responsibility, voluntary, 16.522
- avoidance, , , –, –, –
- basis clause,
- breach of contract, –, , –
- breach of duty, –, , –
- brokers, –,
- claims co-operation clause, –
- common law, , , –, , , , ,
- deceit, , , –, , ,
- disclosure, –
- discretion, –
- duress,
- duty of care, –
- economic loss, ,
- equity, –, ,
- fiduciary duties,
- foreseeability, –,
- forfeiture,
- fraud,
- hardship,
- implied terms, , –
- inducement, , ,
- injunctions,
- Insurance Ombudsman,
- jurisdiction,
- late payment, damages for, –,
- Law Commission, –,
- law merchant,
- marine insurance,
- Marine Insurance Act 1906,
- materiality, ,
- measure of, ,
- misrepresentation, –
- negligent, –, ,
- placing,
- negligence, –, –, ,
- negligent misrepresentation, , –, ,
- non-disclosure, –
- omissions,
- opinions,
- partnership agreements,
- placing,
- post-contractual duty, ,
- pre-contractual duty,
- premiums, recovery of,
-
proximity,Page 702
- reasonableness,
- reliance,
- repudiation,
- restitution, , –,
- specific performance,
- termination,
- terms, –
- time limits,
- tortious liability, –,
- trust, breach of,
- unconscionability,
- undue influence,
- utmost good faith, –
- Data protection, ,
- Databases
- De minimis rule,
- Debt, security for, ,
- Deceit
- Declarations
- Defective policies, ,
- Definition of good faith, –
- Delay, silence or inactivity
- Delivery up, –
- Descriptive of risk, warranties, , –
- Deterioration,
- Detriment
- Deviation, , ,
- Devices see Fraudulent devices
- Diminution of risk
- Directive on insurance contracts (1979), proposal for, –
- Directors, , –
- Disability discrimination, ,
- Disclosure and non-disclosure see also Breach of duty; Continuation of the duty; Exceptions to disclosure; Materiality
- abuse of rights, –
- additional premium clauses,
- adequate,
-
affirm or avoid, election to,Page 703
- allegations, –
- assignment, , , ,
- avoidance, , , , , , , ,
- binding authority,
- brokers, independent and specific duty of, , , ,
- burden of proof, –
- cancellation, ,
- causation,
- claims, –, –, –
- commercial contracts,
- commission,
- common law, , , –, ,
- communications, –
- compromise of claims,
- concealment,
- conditions precedent, implied, –
- conduct,
- confidentiality, –
- continuation of duty, –
- contracts, extension to all,
- credit history, –
- damages, –, –
- degrees of, ,
- directive on insurance contracts, proposal for, –
- equity, ,
- facts, placing and, –
- fair presentation of, , –, , ,
- family members,
- fiduciaries, , –
- floating policies,
- forfeiture,
- fraud, –, , , , , , ,
- full disclosure, –
- guarantees or surety contracts, , –
- health, –
- held covered clauses,
- identification of insurance contracts, –
- identification of property,
- imperfect disclosure,
- implied terms, –, , , –
- inducement, –, –
- Insurance Act 2015,
- insurance policies, existence of other,
- intelligence, –
- knowledge, –5.40 –, –
- Law Commission, –
- law merchant,
- legal advisers, –
- Marine Insurance Act 1906, , –
- materiality, , , –, –
- misrepresentation, , , , –, –, , –, –
- mistake at common law, mutual,
- motor insurance, –,
- mutuality,
- natural law,
- negotiations,
- open cover, , ,
- opinions, –
- partnership agreements, –
- placing, –
- misrepresentation and, , –
- post-contractual duty, –
- pre-contractual duty, , , –
- premiums, rating and fixing,
- promissory terms,
- prudent or reasonable underwriter, –
- questions,
- reinsurance, ,
- renewals, , ,
- representations
- repudiation,
- rumours, –
- salvage,
- shares publicly offered, contracts for purchase of, –
- silence, –
-
social or policy view of good faith, –Page 704
- source of duty of utmost good faith, –
- spouses, contracts between,
- strict duty,
- termination, , –,
- unusual features,
- utmost good faith, –
- variations, ,
- waiver,
- warranties,
- Discovery
- Discrimination
- Dishonesty see also Fraud
- Double insurance,
- Due diligence, , ,
- Duration of the duty see Continuation of the duty
- Duress, ,
- Earlier policies or contracts,
- EClaw see EU law
- Economic loss, ,
- Election see Affirm or avoid, election to
- Electronic communications,
- Endorsements, , , , –
- Enquiries, , – see also Questions
- affirm or avoid, election to, –, ,
- basis clauses,
- course of business, , , , ,
- databases, ,
- due diligence,
- identification of property,
- inducement,
- Internet,
- knowledge,
- Law Commission,
- Lloyd’s Casualty List, ,
- Lloyd’s List, , ,
- Marine Insurance Act 1906,
- market information, ,
- materiality, ,
- opinions, ,
- ordinary course of business, , , , ,
- placing, –
- public domain, information in the,
- reasonableness,
- records,
- reservation of rights,
- risk assessment, –
- seaworthiness,
- waiver, , , –, –,
- warranties, ,
- Entire contracts, , , ,
- Equities, assignees subject to, –,
- Equity
- account of profits,
- avoidance, –, –, , , –
- Chancery,
- common law, , , –
- damages, –, ,
- estoppel,
- fraud, , –
- Judicature Acts,
-
jurisdiction, ,Page 705
- laches,
- law merchant, ,
- misrepresentation, , –
- non-disclosure, ,
- precedent,
- procedure,
- remedies, , –, –
- source of duty of utmost good faith, ,
- unconscionability, –
- Error and omission clauses,
- Estoppel see also Promissory estoppel
- EU law
- Evidence, – see also Experts
- Exaggerated and excessive claims, –
- avoidance, ,
- co-assured,
- degree of exaggeration, –
- formation of contract,
- fraudulent claims, , , –
- fraudulent claims clauses,
- genuine elements of claims, ,
- ‘horse trading’,
- initially honest claims, –
- knowledge,
- misrepresentation, –
- negotiations, ,
- pre-contractual misrepresentation,
- quantum of claim, –
- spin,
- substantial fraud, –
- types,
- Examples of material facts see Material facts, examples of
- Exceptions to disclosure
- burden of proof,
- confidentiality, –
- conflicting duties, –
- diminution of risk, –
- discrimination,
- enquiries, –
- fraud, –
- inducement,
- knowledge, , –
- late, information received too, –,
- law reform,
- list of,
- Marine Insurance Act 1906, –
- materiality, –
- misrepresentation, –
- motor insurance,
- placing, –
- rehabilitation of offenders,
- self-incrimination, privilege against,
- waiver, –
- warranties, , –
- Excess of loss reinsurance,
- Excessive claims see Exaggerated and excessive claims
- Exemption clauses
- Experts, –
- course of business,
- custom,
- diminution of risk, –
- impartiality,
- investigations,
- juries,
- knowledge,
- Marine Insurance Act 1906,
- market practice, –
- materiality, , , –
- objectivity,
-
opinions,Page 706
- prudent underwriters, ,
- reasonableness,
- trade usage,
- waiver,
- warranties,
- Explanations, –
- Extent of duty of good faith,
- Facts see also Material facts, examples of
- accuracy,
- affirm or avoid, election to, –, , –,
- allegations, –
- assumptions on, incorrect,
- communications, –
- conduct, promises of future, –
- explanations,
- fears, –
- inferences, –
- intelligence, –
- intention, –
- knowledge,
- law, representations of, –
- new, discovery of,
- opinions or beliefs, statements of, –
- placing, –
- promissory estoppel, –
- representations, –
- rumours, –
- speculations, –
- Facultative reinsurance, ,
- False or misleading representations
- ambiguity, ,
- basis clauses,
- causes of action,
- clear, natural and ordinary meaning, ,
- criminal offences, –
- de minimis rule,
- existence of representation,
- false impressions, ,
- incomplete representations,
- inducement,
- industry or market practice,
- interpretation,
- Marine Insurance Act 1906,
- materiality, –
- meaning of representation, –
- misrepresentation, , ,
- motor insurance, ,
- objectivity,
- proof,
- questions put to the assured, meaning of, –
- reasonableness, ,
- substantial truth, , –
- trivial falsity, ,
- vagueness or obscurity, ,
- variance from the truth, –
- Family members
- Fears, –
- Fidelity policies, ,
- Fiduciaries
- Financial history and practices
- Financial Ombudsman Service,
- Fire insurance
-
application of duty of good faith,Page 707
- burden of proof,
- history, insurance,
- waiver,
-
- Floating policies
- Follow the settlements clauses,
- Following underwriters, –
- Foreign law, ,
- Foreseeability, –,
- Forfeiture, –
- arbitration agreements,
- avoidance, –
- brokers,
- claims, –
- common law, –
- consumer contracts,
- contractual right, absence of express, –
- damages,
- entire contracts, ,
- fraudulent claims, , , , , – , , –
- fraudulent devices,
- genuine part of claim,
- implied terms,
- jurisdiction, ,
- marine insurance,
- Marine Insurance Act 1906,
- materiality,
- meaning,
- misrepresentation, , 16.1124,
- non-consumer contracts,
- non-disclosure,
- penalties,
- placing,
- post-contractual duty,
- premiums,
- relief against forfeiture, –
- remedies, –, 11.1261–
- repudiation,
- termination,
- transparency requirements,
- utmost good faith, –, –
- void contracts, ,
- Formation of contract
- acceptance, ,
- benefit, of all, –11.12914
- consideration, ,
- continuing duty,
- exaggerated claims,
- insurance policies, before issuing of,
- intention to create legal relations, ,
- life insurance,
- Lloyd’s,
- materiality, , ,
- misrepresentation,
- negotiations, –
- non-consumer contracts,
- offer,
- post-contractual duty, –
- premiums, acceptance of,
- proposal forms,
- relevance to formation,
- slips, initialling, ,
- utmost good faith,
- variation of contracts, ,
- Fraud, , , –, see also Agents, fraud of; Fraud, materiality and; Fraudulent claims; Fraudulent devices
- abuse of rights, –
- additional premium clauses, –
- advice,
- affirm or avoid, election to, , , , ,
- assignees,
- assured, identity of,
- avoidance, , , , –, –
- bad faith,
- breach of duty,
- brokers, , , ,
- burden of proof, , , –, –
- claims co-operation clause,
- co-assured,
- common law, –,
- compromise,
- concealment, ,
- conspiracy to defraud,
- constructive, ,
- course of business,
-
criminal offences,Page 708
- damages,
- deceit, –,
- deemed, 71.133
- disclosure, –
- duty of care,
- engine of fraud, good faith as an, –
- equity, –
- exceptions, –
- exemption clauses, –
- financial history and practices,
- floating policies, declarations and,
- forfeiture, –
- hardship,
- identity of the assured,
- inducement, , –, ,
- intention,
- jurisdiction, , ,
- knowledge, – –, 15.1123
- law merchant,
- legal advisers,
- liability insurers, control of proceedings and,
- marine insurance, ,
- misrepresentation, –
- moral,
- moral hazard, –
- mutuality, ,
- non-disclosure, , , , , ,
- notice provisions,
- open cover, declarations and,
- ordinary course of business,
- performance, –
- placing, –, , –, –,
- pleadings,
- post-contractual, –, –, , –
- pre-contractual duty, , –
- premiums, recovery of,
- prevention of, –,
- promissory estoppel,
- proof, ,
- questions,
- reasonableness, ,
- reinsurance contracts,
- reliance,
- remedies, –, , –
- renewals,
- representations of law,
- restitution,
- social or policy view of good faith,
- source of duty of utmost good faith, , –
- standard of proof,
- subrogation,
- substantial, , –
- technical,
- termination, ,
- underwriters, ,
- valuation, , –
- waiver,
- warranties,
- Fraud, materiality and, –
- Fraudulent claims, , – see also Avoidance or rescission of fraudulent claims;
- Fraudulent claims clauses
- abandonment, notice of,
- advice,
- agents, –, –,
- alter egos,
-
assured, identity of the, –, –Page 709
- burden of proof,
- claims control clauses,
- co-assured,
- common law,
- companies, –,
- compromise, ,
- concealment, –,
- consent, ,
- consequences of,
- continuation of duty, –
- co-operation,
- corporate assured, –,
- culpability, –
- damages, , , –, –,
- declining claims without avoidance, –
- defence to claims, insurers’, , –
- deterrence, –
- disclosure,
- discretion, –
- documentation,
- enquiries,
- exaggerated and excessive, –, , , –, ,
- false statements, , –
- forfeiture, , , , , , – , , –
- fraudulent claims clauses, –
- fraudulent devices, , –, ––
- inducement, , , ,
- information, , , ,
- initially honest claims, –
- intention,
- invented losses,
- investigations, ,
- knowledge, –, , , –
- Law Commission,
- liability, establishment of,
- litigation, commencement of, , –, , –
- loss suffered, when,
- marine insurance, –, ,
- Marine Insurance Act 1906, , ,
- misrepresentation,
- negligence, ,
- negotiations,
- post-contractual duty, ,
- pre-contractual duty, ,
- premiums, calculation of,
- presentation of claims, , , –, –
- prevention of fraud,
- proof,
- public policy, ,
- public purpose,
- pure fraud,
- recklessness, –
- rejection of claim, , , , ,
- remedies, –
- repudiation, , ,
- restitution, –,
- retrospectivity,
- risk,
- ship’s papers, discovery of, –,
- standard of proof,
- substantial fraud, –
- suspicion,
- termination, –,
- trivial fraud,
- types, , –
- utmost good faith, , ,
- void contracts, –
- wilful blindness,
- wilful misconduct,
- withdrawal,
- Fraudulent claims clauses, –
- Fraudulent devices, –
- additional premiums, –
- avoidance, ,
-
forfeiture,Page 710
- genuine claims, support of,
- inducement,
- Insurance Act 2015, –
- materiality, ,
- nature of duty of good faith, –,
- premiums, additional, –
- public policy,
- recklessness,
- remedies,
- types of fraudulent claims, –
- war risks insurance, –
- warranties, breach of, –
- Freedom of information, –
- Full disclosure, , ,
- General obligation in all contracts,
- Genuine part of claims
- Global affairs, knowledge of, –
- Greatest good faith,
- Group insurance, –
- Guarantees or surety, contracts of,
- avoidance for misrepresentation,
- banks, ,
- concealment,
- continuing duty of good faith,
- credit history, disclosure of, –
- disclosure, , –
- dishonesty,
- due diligence,
- fidelity guarantees,
- inquiry, put on,
- insurance contracts, characterisation of,
- ‘intrinsic circumstances’,
- materiality, ,
- misrepresentation, , –
- unusual features, disclosure of, ,
- utmost good faith, –
- Hardship, , ,
- Hazard see Moral hazard
- Health
- Held covered clauses
- additional premium clauses,
- additional terms,
- adjustment of obligations, , –
- breach of,
- conditions precedent,
- descriptive warranties,
- disclosure,
- marine insurance, –
- materiality,
- misrepresentation,
- notice, , ,
- post-contractual duty, –
- pre-contractual duty,
- premiums, payment of additional, ,
- promissory warranties,
- utmost good faith,
- Hire purchase,
- Historical background, –, –
- History of assured, –
- basis clause,
- businesses, identity of,
- claims experience, –
- companies, predecessor,
- credit history, –
- financial history and practices, –
- fire insurance,
- identity of the assured, ,
- life insurance, –
- loss experience, , , –,
- marine insurance, ,
- materiality, –
- questions, prior refusals and,
- property, –
- refusals, prior, –
- reinsurance,
- risk assessment, –
- underwriters, reaction of, –
- Honour, , ,
- House insurance
- Household insurance,
- Identification see Identification of insurance contracts; Identification of property; Identity of assured
- Identification of insurance contracts, –
- binding authorities, nature of,
- classification of contract,
- compromise of claims,
-
definition of insurance contract,Page 711
- disclosure, –
- duties,
- guarantee, contracts of,
- indemnities, ,
- premiums,
- reinsurance, contracts for,
- risk, evaluation of,
- substantial character of insurance contracts, ,
- substantive purpose of contracts,
- utmost good faith, , , , –
- war risks policies,
- Identification of property
- Identity of assured
- Illegality
- Implied representations
- Implied terms
- Inactivity see Delay, silence or inactivity
- Indemnities
- Inducement
- actual risk, reference to the,
- affirm or avoid, election to,
- application of the duty of utmost good faith,
- avoidance, , , , –
- bad faith,
- basis clauses, , , ,
- breach of duty, ,
- burden of proof, –, ,
- causation, , , –
- claims,
- co-insurers, ,
- concealment, , –,
- Consumer Insurance (Disclosure and Representations) Act 2012,
- continuation of duty,
- contributing influence test,
- damages, , ,
- enquiries, ,
- evidence, –,
- false representations,
- fraud, –, , 14.1113
- implied terms,
- incredible statements,
- inference, –,
- Insurance Act 2015,
-
insurance policies, existence of other,Page 712
- insurers, , , , –
- marine insurance, –
- Marine Insurance Act 1906, –, –
- materiality, –, –, , –
- misrepresentation,
- motor insurance, ,
- mutuality,
- negligence, ,
- non-disclosure, –, –
- objectivity,
- opinions, ,
- placing, , , , , , –
- pre-contractual duty, ,
- presumption or inference, –,
- proof, , , –
- prospectuses,
- prudent or reasonable underwriter, , , , –
- real and substantial cause,
- reliance,
- remedies,
- renewals,
- risk assessment,
- risk, reference to the actual,
- sue and labour,
- termination,
- unconscionability,
- waiver,
- withholding information,
- Inferences, –
- Information
- agents, –, –,
- brokers, –, , , , –
- claims, –
- confidentiality, –
- fraud, , , ,
- freedom of, –
- further, ,
- insurers,
- late, provided too, –,
- materiality,
- occurrence of loss or insured peril,
- only, for,
- personal duties,
- professional advice,
- prudent or reasonable underwriter,
- public domain, in the,
- sources of,
- Third Parties (Rights against Insurers) Act 1930,
- updated,
- withholding,
- Injunctions,
- Innominate terms, –
- Inquiries see Enquiries
- Insolvency, ,
- Insurable interests
- Insurance Act2015, , –
- agents
- application, ,
- assured’s concerns,
- avoidance, –, , –
- basis clauses, –
- breach of warranty,
- conditions precedent,
- prohibition, –
- promissory warranties,
- truth,
-
contracting out, , ,Page 713
- deemed knowledge, –, –
- dereliction of duty,
- disclosure,
- fair presentation, duty of, , ,
- force, in,
- fraud,
- held-covered clauses,
- implied term,
- inducement,
- introduction,
- knowledge
- imputed –
- insured, of,
- insurer, of,
- marine insurance,
- materiality, –, ,
- modification of duty of disclosure,
- non-marine insurance,
- payment of claims, –, –
- promissory warranties,
- qualifying duty of utmost good
- faith, , ,
- reforms introduced,
- remedies, , , –, –
- termination,
- utmost good faith,
- warranties, breach of, –
- Insurance Conduct of Business Sourcebook, , –
- Insurance claims see Claims
- Insurance instruments, –
- Insurance market
- Insurance Ombudsman, –
- Insurance policies see also Floating policies
- Insured see Assured
- Insurers
- agents, , , –
- avoidance, , ,
- brokers,
- burden of proof, –
- changes in law,
- claims
- reasonable time, , –, –
- treatment and investigation of, –
- co-insurers, ,
- duty, –
- enquiries, insurer’s own, –
- explain the policy terms, duty to, –
- inducement, , – ,
- materiality and, , –
- information,
- investigation of claims, –
- issue the policy, duty to, –
- knowledge, –8.487, –,
- materiality, , –, –
-
mutuality,Page 714
- placing, –, –
- social or policy view of good faith, –
- unconscionability, –
- variation, , –
- Intelligence see Rumours, allegations, communications and intelligence
- Intention
- Intention to create legal relations, , ,
- International law,
- International trade, , ,
- Internet, ,
- Invented losses,
- Investigations
- Issuing policies
- Knowledge, – see also Agents, knowledge and
- actual, –, , –
- affirm or avoid, election to, –
- actual, –
- agents, –
- automatic avoidance clauses,
- breach of duty,
- certainty,
- constructive,
- explanation of the facts,
- fact, question of, –
- facts, of, –, , –,
- imperfect,
- intention distinguished from,
- legal, , –, –
- legal advice, –, –
- life insurance,
-
London market,Page 715
- rights, of, –
- waiver, ,
- age, –
- agents, –
- application of the duty of utmost good faith,
- assured, –
- attribution to company, –
- avoidance, , , ,
- breach of duty, –, –, ,
- brokers,
- burden of proof,
- burglary insurance,
- business practices, , –
- capacity,
- cargo,
- certainty,
- characteristics and usage of insured trade, –
- charterparty clauses,
- claims, –
- common knowledge, , –
- Insurance Act 2015, –
- composite insurance,
- concealment,
- constructive, –
- consumer insurance,
- course of business, –,
- databases, ,
- deemed, , –,
- departments in insurance companies, , , ,
- dereliction of duty,
- directing mind and will of the company, , , ,
- directors, , –
- disclosure, –,–
- dishonesty, 7.7.105
- due diligence,
- electronic communications, ,
- enquiries,
- equality in,
- explanation of the facts,
- fact, question of, –
- facts,
- financial history and practices,
- fraud, –, –
- general knowledge,
- global affairs, –
- housing insurance, squatters and,
- imperfect knowledge,
- imputed knowledge, –, –, , ,
- inferences, , –
- insurers, of, –, –, –,
-
intention,Page 716
- Internet,
- investigations,
- late, information provided too,
- legal advice, –, –
- legal knowledge, , –, –
- life insurance, ,
- Lloyds’s,
- London market,
- marine insurance, , , , , –, –
- Marine Insurance Act 1906, , , –
- market information, ,
- masters’ discretion at sea,
- materiality, –, –, –
- means of knowledge, –
- medical records, access to,
- memory, refreshing the,
- misrepresentation, , ,
- mutuality,
- natural persons,
- new facts, discovery of,
- non-disclosure, –
- normal and unusual risks, –
- opinions,
- ordinary course of business, –,
- particular knowledge, , –
- past knowledge,
- placing, –, –, –
- ports,
- premiums, rate of,
- presumed, –, –
- promissory estoppel, –, , ,
- proposal forms, –
- prudent or reasonable underwriter,
- public records, access to,
- questions,
- reasonableness, , –7.1364,
- records,
- reinsurance, , , , , ,
- related property,
- representations, implied,
- reservation of rights,
- rights, of, –, –
- risks, normal and unusual, –
- salvage,
- seaworthiness, 8774
- subject matter of insurance, agent with knowledge of,
- suspicion,
- termination,
- trade usage, , –
- types of insurance, –
- underwriters, ,
- unusual risks, –
- utmost good faith,
- valuation,
- vessels,
- waiver, , , , –
- warranties, , –
- wilful blindness, , –,
- Laches
- Language, clear and unambiguous, , ,
- Late, information received too
- agents, –
- brokers, –,
-
knowledge,Page 717
- Marine Insurance Act 1906, –
- materiality, –
- placing, –
- Late payment of claims, , , –,
- Law Commission, –, –
- avoidance, –
- basis clauses,
- consumer insurance, ,
- Consumer Insurance (Disclosure and Representations) Act 2012,
- Damages for late payment and the insurer’s duty of good faith, –
- directive on insurance contracts (1979), proposal for,
- disclosure, –, –
- enquiries, making reasonable,
- Enterprise Act 2016,
- fraud, ,
- Insurance Act 2015,
- Insurance Contract Law: Misrepresentation, Non-Disclosure and Breach of Warranty by the Assured, , –
- late payment of claims, , –,
- Law Reform Committee,
- materiality, –, ,
- misrepresentation, , ,
- negligence, ,
- post-contractual disclosure,
- pre-contractual disclosure, –
- reasonableness,
- recent reform, –, –
- reinsurance,
- Statements of Insurance Practice,
- utmost good faith, , , –
- warranties,
- Law merchant
- Barcelona, statutes of,
- candour,
- caveat emptor, ,
- civil law,
- commercial law, –
- common law, –, , –,
- Courts of Chancery,
- custom, , , ,
- damages,
- equity, ,
- Europe, development in,
- fraud,
- historical background, –
- insurance contracts, development of,
- insurable interest,
- international law,
- international trade, ,
- legislation,
- Lloyd’s,
- marine insurance, –
- Marine Insurance Act 1906, , –
- maritime law,
- non-disclosure,
- remedies,
- sources of duty of utmost good faith, –,
- subrogation,
- utmost good faith, –
- Law of Property Act 1925, assignees under, –,
- Law reform, – see also Law Commission
- application of duty of good faith, ,
- Association of British Insurers,
- Australian Law Reform Commission, ,
- avoidance, –
- basis clauses,
- British Insurance Law Association,
- conditions,
- consumers,
- directive on insurance contracts (1979), proposal for, –
- disclosure, , , –
- exceptions,
- Insurance Act 2015, ,
- Insurance Conduct of Business Sourcebook,
- Insurance Ombudsman, –
- Law Reform Committee, , –, –
- legislation,
- Lloyd’s,
- materiality, ,
- misrepresentation,
- post-contractual disclosure,
- pre-contractual disclosure, , –
- proportionality,
- proposal forms,
- prudent or reasonable underwriter, –
- recent legislation, –
- renewal notices,
- repudiation,
- rescission,
-
social or policy view of good faith, –,Page 718
- Statement on General Insurance Practice, –
- Statements on Long-Term Practice, –
- underwriter, prudent,
- voluntary, –
- Law, representations of, –
- Leading underwriters, –
- Legal advisers, –
- Legislation on duty of good faith, – see also Marine Insurance Act 1906
- Letters of undertakings, ,
- Liability insurance
- Life insurance
- affirm or avoid, election to,
- application of duty of good faith,
- assignees,
- basis clauses, ,
- formation of contract,
- history, insurance, ,
- insurable interest,
- knowledge, ,
- materiality, –,
- official secrets,
- opinions,
- prior refusal, ,
- proposal forms,
- prudent or reasonable underwriter, –
- reinsurance,
- renewals,
- utmost good faith,
- waiver,
- Lines, ,
- Listing Rules,
- Litigation
- Lloyd’s
- London market
- Loss experience, , , –,
- Maintenance agreements,
- Marineinsurance see also Cargo; Marine Insurance Act 1906; Vessels
- abandonment, notice of,
- additional premiums clauses,
- age, –
- agents,
-
knowledge of, ,Page 719
- undisclosed principal, doctrine of,
-
- application of duty of good faith, –
- assignees, –, ,
- Australian Law Reform Commission,
- avoidance, , –, , ,
- burden of proof,
- charterparty clauses,
- claims,
- continuation of duty,
- damages,
- deviation, , ,
- disclosure, materiality and,
- discovery, –
- discretion,
- floating policies,
- forfeiture,
- fraud, , , , ,
- held covered clauses, –
- history of assured, insurance, ,
- identification of property, –
- identity of the assured,
- illegality,
- inducement, –
- issue of policies,
- knowledge, , , , , –, –, –
- law merchant, –
- masters’ discretion,
- materiality, , , , , –, –, , –
- mutuality,
- ownership, –
- perils of the sea,
- ports,
- post-contractual duty,
- premiums, ,
- prudent or reasonable underwriter, ,
- questions,
- refusal of,
- repudiation, ,
- restitution,
- salvage, –, ,
- scuttling,
- seaworthiness, ,
- ship’s papers, discovery of, –
- third parties, discovery of documents held by, –
- underwriters,
- undisclosed principal, doctrine of,
- utmost good faith, , ,
- valuation, –
- voyage, location and timing of, –
- waiver,
- warranties, breach of,
- Marine Insurance Act 1906, –
- agents, ,
- assignees, –,
- avoidance, , –, , , ,
- brokers, –
- Chalmers, Sir Mackenzie, ,
- claims, ,
- codification,
- co-insurers,
- common law, codification of, , , –
- confidentiality,
- consolidating act, as,
- continuation of duty, ,
- damages,
- diminution of risk,
- disclosure, , –
- drafting,
- enquiries,
- exceptions to disclosure, –
- experts,
- false or misleading representations,
- floating policies,
- forfeiture,
- fraud, , , ,
- identification of property,
- inducement, –, –
- knowledge, , , –,
- late, information provided too, –
- late payment of claims, ,
- law merchant, , –
- materiality, –, , , , ,
- non-marine insurance, application to,
- placing, ,
- post-contractual duty, –, ,
- promissory estoppel, –, –
- prudent or reasonable underwriter, ,
- representations,
- risk assessment,
- valuation, –
- waiver, –
- warranties, , –
- Market see Insurance market
- Material facts, examples of, –
- accumulation of non-material circumstances, –
-
age, , –Page 720
- allegations, –
- assured, , –
- basis clauses, –, –, –
- class of vessels, –
- confidentiality, ,
- conflicting duties,
- consumer insurance, 1.341–
- contracts and arrangements, other,
- experts,
- financial history and practices, –
- fraud,
- health, –
- history, insurance, –
- identity of assured, –
- identity of property, –
- illegality, –
- information, insurance related,
- insurable interests, –,
- knowledge,
- marine insurance,
- market practice,
- medical insurance,
- moral hazard, –,
- obviously material circumstances, –
- occupation,
- origins, of,
- other policies, existence of other, –
- ownership, –
- post-contractual duty, ,
- professions,
- property, –
- prudent underwriter,
- race discrimination,
- reinsurance, –
- related property, nature of, –
- residence,
- scandal-mongering,
- social or policy view of good faith, –
- subject matter of insurance, , –
- value, –
- voyage, location and timing of, –
- Materiality, – see also Fraud, materiality and; Material facts, examples of; Placings, materiality and
- additional premiums,
- affirm or avoid, election to, –,
- age, , –
- allegations, –
- application of the duty of utmost good faith, , –,
- agents, –
- assignees, ,
- assured,
- Australian Law Reform Commission,
- aviation insurance,
- avoidance, –
- basis clauses,
- basis for test of, –
- breach of duty, ,
- brokers, , , , , –
- burden of proof, , , ,
- causation,
- circumstances, material, , ,
- claims, , , , –
- co-assured, ,
- co-insurers, , –
- common law, –
- communications, –
- concealment, , ,
- condition precedent,
- consent,
-
consumer insurance,Page 721
- contributing influence test, , , –, –
- criminal offences, ,
- custom,
- damages, ,
- decisive influence test, , , –, –
- diminution of risk, –, ,
- direct materiality,
- disclosure, , , –, –
- enquiries, ,
- evidence, 14.193,
- evolution of test, –
- exemption clauses, –
- experience,
- experts, , , –
- explain the terms, duty to,
- facts,
- false or misleading representations, –
- family members,
- financial history and practices, –
- forfeiture,
- formation of contract, ,
- guarantees or surety contracts,
- held covered clauses,
- household insurance,
- identity of the assured, –
- immaterial questions,
- prudent or reasonable underwriter,
- Insurance Act 2015,
- insurers,
- intelligence, –
- intention, , –
- issue of policies,
- knowledge, –, –, –
- Law Commission, –, ,
- law reform, ,
- Law Reform Committee, , –
- life insurance, –,
- marine insurance, , , ,
- Marine Insurance Act 1906, –, , , , ,
- meaning,
- misrepresentation, –
- modification by agreement,
- moral hazard, , –
- motor insurance, basis clauses,
- mutuality, –
- negligence,
- negotiations, , ,
-
non-disclosure, , –Page 722
- objective nature of, , , , –,
- occurrence of loss,
- official secrets,
- omissions,
- open cover, ,
- opinions,
- partnership agreements,
- pertinent information, receipt of,
- ports of loading and discharge,
- premiums, , –
- presentation of material facts,
- previous convictions, –
- proof of,
- proposal forms, ,
- prudent or reasonable underwriter test, –
- variation, –
- purpose of duty,
- quality of, , ,
- questions, –
- reasonableness,
- recklessness, claims and,
- rehabilitation of offenders, –,
- reinsurance, ,
- renewals, , ,
- risk,
- rumours, –
- salvage, ,
- shares publicly offered, contracts for purchase of,
- silence, , ,
- spouses, contracts between,
- statutory requirements, –
- subject matter of the risk,
- subjectivity,
- subrogation, ,
- termination, –
- terms, duty to explain the,
- time for testing, –
- transport insurance,
- underwriters, opinions of,
- unfair contract terms, ,
- use, –
- utmost good faith,
- variation, –, , , –, –
- waiver, –, –,
- warnings,
- warranties, , –,
- Meaning of good faith, –,
- Medical records, , 7.1133,
- Merchantlaw see Law merchant
- Misleading representations see False or misleading representations; Misrepresentation
- Misrepresentation
- affirm or avoid, election to, –, ,
- agents, , –,
- allegations,
- assignees,
- assured, –
- Australian Law Reform Commission,
- avoidance or rescission, –
- basis clauses, ,
- brokers,
- damages and, , ,
- discretion, –,
- equity, , –
- fraudulent, , –
- guarantees or surety contracts,
- inducement, –
- innocent, ,
- marine insurance,
- material, , ,
- meaning of avoidance,
-
Misrepresentation Act 1967, –Page 723
- non-disclosure, ,
- restitution, –
- retrospectivity,
- basis clauses, , , ,
- breach of duty,
- brokers, –,
- burden of proof, ,
- cancellation,
- causes of action,
- caveat emptor,
- claims, , , , –, ,
- co-assured,
- co-insurers, 13.340, ,
- common law, , ,
- communications,
- compromise, ,
- concealment,
- conflicting duties,
- consideration, total failure of,
- consumer insurance,
- damages, –
- defences, –
- disclosure, , , , –, –, , –
- discretion,
- dishonesty,
- equity, , –,
- exaggerated and excessive claims, –
- exemption clauses, –
- facts, –
- fair presentation of risk, , –, , ,
- forfeiture, , ,
- formation of contract,
- fraud, –
- group insurance,
- guarantees or surety contracts, , –
- held covered clauses,
- identification of property, –
- implied representations, –
- inducement,
- innocent misrepresentation, –
- insurance policies, existence of other,
- intelligence,
- knowledge, , ,
- Law Commission, , ,
- law reform,
- law, representations of, –
- leading underwriters, ,
- legislation, –,
- materiality, –
- agents,
- avoidance, ,
- claims, ,
- co-insurers, ,
- fraud, , , ,
- inducement, , , –,
- non-disclosure,
- objective connection to risk,
- placings, , , ,
- prudent underwriter, , , –
- risk, connection to the,
-
settlements,Page 724
- silence, by, , ,
- third parties,
- time of representation,
- Misrepresentation Act 1967, –
- moral hazard,
- motor insurance, –,
- mutuality, , ,
- negligent, –
- open cover,
- opinions, –, , –
- placing, –
- post-contractual duty, ,
- proposal forms,
- prospectuses,
- prudent underwriters, –, , , , –
- questions, , ,
- rectification,
- reinsurance, , ,
- remedies, , , –, , –
- renewals, –
- repudiation,
- rescission, –
- restitution, –
- risk, connection to the,
- rumours,
- settlements,
- silence, by, –
- source of, –, –
- termination, ,
- third parties, –
- truth,
- underwriters, ,
- use,
- utmost good faith,
- valuation, , –,
- variations, ,
- vessels, loading and discharge of,
- voidable contracts,
- waiver, , ,
- warranties, –, –
- withholding information,
- Mistake
- Modification of the duty of disclosure at placing, –
- Money had and received,
- Moral hazard
- Most perfect good faith,
- Motor insurance
- age of vehicles,
- avoidance,
- basis clauses,
- cancellation,
- conditions,
- criminal offences, ,
- disclosure, –,
- exceptions to liability,
-
false statements, ,Page 725
- hire purchase,
- inducement, ,
- legislation, , –,
- materiality,
- misrepresentation, –.
- Motor Insurers’ Bureau,
- notification, duty of,
- ownership, –
- previous convictions, –
- prudent or reasonable underwriter,
- public policy,
- rehabilitation of offenders,
- Road Traffic Acts, –,
- self-incrimination, privilege against,
- stolen cars,
- third parties, protection of, , –, ,
- time limits, ,
- truth, ,
- Mutuality, –
- assignment,
- avoidance, , , ,
- brokers, fraud by,
- claims,
- definition,
- entire contracts,
- fraud, ,
- inducement,
- insurer’s duty,
- investigation,
- knowledge,
- late payment of claims, , –
- marine insurance,
- materiality, –
- misrepresentation, , ,
- non-disclosure,
- placing,
- post-contractual duty,
- repudiation,
- utmost good faith, ,
- variations,
- Nationality, materiality of, –
- Natural law, –,
- Nature of duty of utmost good faith, –
- adaptation of duty,
- adjustment of obligations, –
- after contracts are made, –
- boundaries of duty, , ,
- causation,
- claims, , –
- classification of principle of utmost good faith,
- commercial reality,
- content of duty, –, 3.309
- continuity of duty of good faith, , –
- course of action, commitment to,
- customs,
- disclosure, , –
- elasticity,
- fair presentation, duty of, , ,
- fairness,
- fraud, good faith as an engine of, –
- implementation of principle of good faith,
- incidence of duty,
- interpretive principle, as, , ,
- mutuality, –
- obligations, identification of,
- operation of contracts, –
- placing, –, , –
- policies,
- practicable, duty must be,
- pre-contractual disclosure,
- principles, utmost good faith as a set of, ,
- purpose of duty of good faith, –
- qualifying, , ,
- reform,
- rules,
- scope of duty,
- structured duty, –
- tailoring the duty, –
- termination of duty, –
- trade practice,
- Negligence
- Negotiations
- agents,
-
basis clauses,Page 726
- brokers,
- caveat emptor,
- claims, –,
- common law,
- Continental jurisdictions,
- continuation of duty,
- exaggerated and excessive claims, ,
- examples of requirements,
- fairness,
- formation of contract, –
- fraud,
- materiality, , ,
- meaning of good faith,
- post-contractual duty, –
- unfair contract terms,
- utmost good faith,
- Non-disclosure see Disclosure and non-disclosure
- Notice and notification
- Objectivity
- Obligations, adjustment of see Adjustment of obligations
- Occupation, materiality of,
- Offenders see Rehabilitation of offenders
- Offer, formation of contract and,
- Official secrets, ,
- Ombudsman see Insurance Ombudsman
- Omissions
- Open cover
- Openness and probity,
- Opinions or beliefs
- basis clauses,
- conjecture, –
- damages,
- disclosure, –
- dishonesty,
- enquiries, making, ,
- experts,
- facts, –
- fear,
- fiduciaries,
- good faith, –
- implied representations, –
- inducement, ,
- inferences,
- information,
- intelligence,
- justification for, –
- knowledge,
- life insurance proposal forms,
- materiality, , , –, –
- misrepresentation, –
- objectivity,
- proposal forms,
- prudent or reasonable underwriter,
-
questions,Page 727
- reasonableness, –, –, , ,
- representations, , –
- implied –
- speculations, –
- suspicion,
- underwriters, ,
- valuation, , ,
- warranties,
- wilful blindness,
- Ordinary course of business
- Origins, materiality of,
- Other policies, existence of
- Over-insurance, ,
- Ownership
- Partnership agreements, –
- Past convictions see Previous convictions
- Pay to be paid clauses,
- Payments
- Performance
- Placing see also Placings, materiality and
- agents, , , –
- arbitration agreements, ,
- avoidance, –
- bad faith, –, ,
- brokers, –
- causes of action, elements of,
- concealment,
- continuity of duty, –,
- damages, ,
- data protection,
- deceit,
- directive on insurance contracts, proposal for,
- disclosure, –
- dishonesty,
- duty of care,
- facts, –
- forfeiture,
- forgetfulness,
- fraud, –
- agents,
- bad faith, –
-
disclosure,Page 728
- misrepresentations, , –, –
- governing principle, ,
- inducement, , , , , –
- insurers, –, –
- intention,
- knowledge, –
- medical records, access to,
- misrepresentation, –
- mutuality,
- nature of duty of utmost good faith, –,
- negligence,
- ordinary course of business, knowledge in the,
- placing, –
- pre-contractual disclosure, –, ,
- premiums,
- reasonableness, , ,
- records,
- remedies, , –
- social or policy view of good faith,
- utmost good faith, –,
- warranties,
- Placings, materiality and
- Policies see Insurance policies
- Policy , ,
- see also Social or policy view of good faith
- Ports, knowledge and,
- Post-contractual duty, –
- additional premium clauses, –
- adjustment of obligations, –, –, –
- avoidance, , –, , , –16.57
- cancellation clauses, –
- causation,
- change of circumstances,
- claims, –
- co-assured,
- continuing nature of duty, –, ,
- damages, ,
- disclosure, –
- forfeiture,
- formation of the contract of insurance, –
- fraud, –, –, , –, ,
- held covered clauses, –
- implied terms,
- insurer’s duty,
- liability insurance, ,
- making of contract of insurance, –
- marine insurance,
- Marine Insurance Act 1906, –, ,
- materiality, , ,
- misrepresentation, ,
- mutual duty,
- negotiations, –
- non-consumer contracts,
- notice provisions,
- operation of the contract, –, –
- parties,
- performance of obligations, , –, –
- pre-contractual duty, , ,
- premiums, calculation of,
- renewals, –
- repudiation,
- revival of duty,
- ship’s papers, discovery of,
- source of duty,
- termination of duty of utmost good faith, –
-
unconscionability,Page 729
- utmost good faith, –, –, –
- variations to the insurance contract, , –
- warranties,
- Precedent,
- Pre-contractual duty
- additional premium clauses,
- adjustment of parties’ obligations,
- Australian Law Reform Commission,
- avoidance, , , ,
- basis clauses,
- boundaries of,
- cancellation, notices of,
- claims, , ,
- co-assured,
- concealment, –
- continuation of duty, ,
- damages,
- directive on insurance contracts, proposal for,
- exaggerated and excessive claims,
- fraud, , –, –
- held covered clauses,
- increase in risk,
- inducement, ,
- law reform,
- nature of duty of utmost good faith,
- non-disclosure, , , –
- placing, –, ,
- post-contractual duty of disclosure, , ,
- relevance to pre-contractual duty,
- renewals, ,
- revival,
- source of duty,
- utmost good faith,
- variation of the contract, –
- waiver,
- warranties, –
- Premiums see also Premiums, recovery of
- acceptance, , , –
- additional premium clauses, , , –
- affirm or avoid, election to, –
- assignees,
- avoidance,
- Australian Law Reform Commission,
- calculation of, , , –, , –
- conduct, –
- disclosure,
- forfeiture,
- formation of contract,
- fraudulent devices, –
- identification of insurance contracts,
- knowledge,
- marine insurance,
- materiality, , , –
- post-contractual duty,
- promissory estoppel,
- prudent or reasonable underwriter, , –,
- rate of,
- reinsurance,
- warranties,
- Premiums, recovery of
- Previous convictions see also Rehabilitation of offenders
- Principles, utmost good faith as a set of, ,
- Privilege
- Privity of contract, , –
- Professional advice, , see also Legal advisers
- Professions, materiality of,
- Promissory estoppel, –
- affirm or avoid, election to, , –, , –
- arbitration,
-
avoidance, –,Page 730
- basis clause, –
- burden of proof, –
- cancellation,
- claims, paying,
- conduct,
- delay, –
- detriment, –
- equitable estoppel,
- fraud,
- inactivity, , , –
- knowledge, –
- Marine Insurance Act 1906, –, –
- omissions,
- payments into court,
- premiums,
- reliance, –
- repudiation,
- reservation of rights,
- security measures, advice on,
- silence, , , –
- suspensory, as,
- waiver,
- warranties, breach of, –, , –, –
- Proof see also Burden of proof
- Property
- age of, materiality of, –
- application of duty of good faith,
- class of vessels, –
- condition of, –
- current use, –
- fraudulent claims clauses,
- history of assured, insurance, –
- identification of property, materiality of, –
- intended use, –
- licences of vessels, –
- location, –, –
- marine insurance, materiality and,
- materiality, –
- nationality of vessels, –
- non-marine, materiality of,
- ownership, materiality of, –
- premises, use of,
- previous use, –
- qualifications of person in charge or with custody of,
- registration of vessels, –
- related property, –
- safety of, –
- storage,
- subject matter insured, –
- Third Parties (Rights against Insurers) Act 1930,
- voyage, location and timing of, –
-
ProportionalityPage 731
- Proposal forms
- agents, –
- basis clauses, , ,
- completion, –
- formation of contract,
- knowledge, –
- Law Commission,
- law reform,
- life insurance,
- Lloyd’s,
- materiality, ,
- misrepresentation,
- opinions,
- placing,
- questions,
- social or policy view of good faith,
- Statement of General Insurance Practice,
- Statements of Long-Term Insurance Practice,
- waiver, , –
- warnings, 1.342,
- warranties,
- Prospectuses, –, ,
- Proximity,
- Prudent or reasonable underwriter see also Prudent or reasonable underwriter, materiality and
- application of duty of good faith,
- avoidance,
- characteristics of, –
- concealment,
- contributing influence test, , , –, –
- decisive influence test, , , –, –
- disclosure, –
- effect of duty on the underwriter, –
- experts, ,
- health,
- inducement, , , , –
- information,
- knowledge,
- law reform,
- Law Reform Committee, –
- life insurance, –
- marine insurance, ,
- Marine Insurance Act 1906, ,
- market practice,
- materiality,
- misrepresentation, –, , , , –
- motor insurance,
- objectivity,
- opinions,
- premiums, calculation of, –,
- reasonable assured, –, –
- risk assessment, ,
- social or policy view of good faith,
- subjectivity,
- valuation,
- Prudent or reasonable underwriter, materiality and, –
- Public domain, information in the,
- Public offers see Shares publicly offered, contracts for purchase of
- Public policy, , , ,
- Public records, access to,
- Purpose of duty of good faith, –
- concealment, technical,
- disclosure, full, , –
- dishonesty,
- due diligence,
- enquiries, making,
- fraud, prevention of, –,
- guarantees, contracts of,
- knowledge of parties, –
- openness and probity,
- public policy,
- reciprocity,
- regulatory requirements,
-
risk,Page 732
- sources of information,
- speculation, relationship as one of,
- utmost good faith,
- Questions see also Enquiries
- absence of question,
- answered or unanswered, –
- avoidance,
- basis clauses, , , ,
- false or misleading representations, –
- fraud,
- history of assured, insurance,
- implied waiver, –
- incomplete answers, –
- insurance policies, existence of other,
- investigations,
- knowledge, presumed,
- marine insurance, ,
- materiality, –
- misrepresentation, , ,
- non-disclosure,
- non-marine insurance, ––
- placing, –
- proposal forms,
- refusal, prior,
- selection of, –
- waiver, –,
- Race discrimination, , ,
- Rating risks, discrimination and,
- Reasonableness see also Prudent or reasonable underwriter
- Recklessness, –, , ,
- Records
- Recovery of premiums see Premiums, recovery of
- Rectification, , –,
- Reform see Law reform
- Refusal
- Regulatory requirements,
- Rehabilitation of offenders, –
- Reinsurance see also Reinsurance treaties
- agents, ,
- basis clauses,
- business, nature and terms of,
- claims insurance,
- disclosure, materiality and,
- excess of loss policies,
- facultative reinsurance, ,
- follow the settlements,
- fraud,
- fronting,
- history, insurance,
- identification of insurance contracts,
- identity of reassured, materiality of,
- indemnities,
- knowledge, , , , ,
- Law Commission,
- life insurance, retention and,
- loss experience,
- material facts, examples of, –
- misrepresentation, , ,
-
pay to be paid clauses,Page 733
- pool,
- premium income, estimated,
- proportional,
- quota share,
- refusal by another reinsurer, prior,
- restitution,
- retention,
- risk assessment,
- termination,
- Third Parties (Rights against Insurers) Act 1930,
- waiver, –
- Reinsurance treaties
- Rejection
- Related property, –
- Reliance
- Remedies, –
- see also Avoidance; Damages; Remedies, fraudulent claims and; Restitution; Termination
- account of profits,
- available, –
- avoidance, –
- cancellation, –
- common law, , , –
- consideration, total failure of,
- deceit,
- delivery up, –
- difficulties,
- equity, , –, –, –
- forfeiture, –, –
- inducement,
- injunctions,
- law merchant,
- misrepresentation, , , –, , –, , ,
- placing, , –
- reasonable time, failure to pay in, –
- rescission,
- silence, ,
- source of duty of utmost good faith, –
- specific performance,
- statutory intervention, –
- utmost good faith, –
- unfair presentation of risk by assured, –
- continuation of duty,
- contractual remedies, –
- forfeiture, –, –
- fraudulent devices,
- inducement,
- Insurance Act 2015, –,
- litigation, commencement of,
- misrepresentation, ,
- non-liability,
- recovery of payments,
- source of, –
- termination,
- tortious liability,
- types of claims, –
- Renewals
- adjustment of obligations, , –
- affirm or avoid, election to,
- avoidance, , –
- changes in circumstances,
-
conduct,Page 734
- continuation of duty,
- disclosure, ,
- fraud,
- inducement,
- insurance policies, existence of other,
- law reform,
- life insurance,
- materiality, , ,
- misrepresentation, –
- moral hazard,
- non-disclosure,
- post-contractual duty, –
- pre-contractual disclosure, ,
- representations, ,
- warnings,
- Replacement policies,
- Representations see also False or misleading representations; Misrepresentation
- agents, , –,
- basis clauses, –, , –, , –
- breaches of,
- brokers, –
- burden of proof,
- estoppel, –,
- evidence,
- implied representations, –, –, –,
- incorporated into documents,
- information only, for,
- intention, –
- law of, –
- margins of policy,
- Marine Insurance Act 1906,
- opinions, 7.450–
- renewals, ,
- substantial truth,
- waiver, –
- warranties, –
- Representations of law
- Repudiation
- Rescission see Avoidance or rescission
- Reservation of rights
- Residence, materiality of,
- Restitution, –
- Revival of duty,
- Rights, knowledge of, –, –
- Risk see also Risk assessment
- acceptance, –
- adjustment of obligations,
- connection to the,
- diminution of, –, ,
- discrimination,
- fair presentation of, , –, , ,
- evidence, –
- expert evidence, –
- Marine Insurance Act 1906,
- materiality, –
- materiality, –,
-
misrepresentation,Page 735
- normal and unusual, –
- open cover, –
- prudent or reasonable underwriter, –, –
- rating, discrimination and,
- security arrangements,
- termination, ,
- unfair presentation by assured, –
- variations, , –
- Risk assessment
- assured,
- co-insurers,
- enquiries, –
- history of assured, insurance, –
- identification of insurance contracts,
- identity of the assured,
- inducement,
- insurer’s duty, –
- judgement and skill, ,
- London market practice,
- Marine Insurance Act 1906,
- materiality, , ,
- premiums, calculation of,
- prudent or reasonable underwriter, ,
- purpose of duty,
- reinsurance,
- Road Traffic Acts, –,
- Rumours, allegations, communications and intelligence
- Salvage
- Scandal-mongering,
- Scuttling,
- Seaworthiness
- Security
- Self-incrimination, privilege against,
- Settlements see Compromise
- Severance, , , –
- Sex discrimination, ,
- Shares publicly offered, contracts for purchase of, –
- Ships see Marine insurance; Ship’s papers, discovery for; Vessels
- Ship’s papers, discovery of, –
- Silence
- affirm or avoid, election to,
- avoidance, , , , , –
- change in circumstances,
-
conduct, , , , –Page 736
- deceit,
- false impressions, –
- implied representations, –
- materiality, , ,
- misrepresentation, –
- non-disclosure, –
- omissions,
- promissory estoppel, , , –
- rectification, –
- remedies, ,
- shares publicly offered, contracts for purchase of, –
- utmost good faith,
- waiver,
- Slips
- Social or policy view of good faith, –
- Source of duty of utmost good faith, –
- Specific performance,
- Speculation, , –
- Spouses, contracts between, –
- Squatters, knowledge of,
- Stamped policies,
- Standard of proof, ,
- Statements of Insurance Practice
- Storage,
- Structured duty, good faith as a, –
- Subject-matter
- Subrogation
- Sue and labour,
- Suretyship, contracts of see Guarantees or surety contracts
- Suspicion, , ,
- Tailoring duty of good faith, –
- Technical breaches of duty, , ,
- Termination of duty
- agreements on contacts of insurance, –
- alteration of risk,
- avoidance, , , 3.783, , ,
- cancellation,
- claims,
- declarations, –
- disclosure, , –, –
- fidelity policies,
- floating policies,
- fraudulent claims, –,
- further disclosure, ,
-
litigation, commencement of, –,Page 737
- materiality, , –
- misrepresentation,
- non-disclosure of material facts, , –
- open cover,
- placing, –
- post-contractual duty, –
- presentation of the risk,
- rejection of claims,
- risk, ,
- terms, ,
- utmost good faith, –
- Termination of insurance contracts, –
- Terminology,
- Terms see also Clauses; Implied terms; Unfair contract terms; Warranties
- Testimony of parties, –
- Third parties, – see also Agents; Assignees; Co-assureds; Co-insurers; Legal advisers
- avoidance, , ,
- Contracts (Rights of Third Parties) Act 1999,
- delay,
- discovery, –
- fraud,
- inactivity,
- inducement,
- intention, –
- knowledge,
- marine insurance, –
- materiality, –
- misrepresentation, –,
- moral hazard,
- motor insurance, , –, ,
- negligence,
- privity of contract, , –
- reinsurers,
- restitution,
- silence,
- Third Parties (Rights against Insurers) Act 1930, –
- Third Parties (Rights against Insurers) Act 2010, –
- Third Parties (Rights against Insurers) Act1930, –
- Third Parties (Rights against Insurers) Act2010, –
- Time limits
- Title to sue,
- Tortiousliability see also Negligence
- Trade usage
- Transport insurance,
- Trivial falsity, , , –
- Trusts
- Truth see also False or misleading representations
- basis clauses, , –, –,
-
motor insurance,Page 738
- substantial,
- warranties,
- Uberrimae fidei/Uberrimae fides see also Utmost good faith
- commercial contracts, ,
- designation of contracts as,
- disclosure,
- Unconscionability
- Undertakings, letters of, ,
- Underwriters see also Prudent or reasonable underwriter
- Undue influence, ,
- Unfair contract terms
- Unfair presentation of risk, –
- Untruth see False or misleading representations; Misrepresentation
- Updated information,
- Use
- Utmost good faith see also Breach of duty; Continuation of the duty
- acknowledgment of applications,
- application of duty, –,
- assignees, –
- avoidance, , –, –, –, –
- binding authority,
- brokers,
- candour, degree of,
- causation,
- caveat emptor,
- circumstances for,
- claims, –
- classification of contracts, –
- co-assured,
- co-insurers,
- common law, –, , –, , ,
- comparison with ordinary contracts, –
-
compromise,Page 739
- concealment,
- contracts, , , , , –, –, –
- damages, –
- definition,
- disclosure, –
- fair and open dealing,
- fair presentation, duty of, , ,
- families, settlements between, –
- fiduciaries, disclosure by, , –
- forfeiture, –, –
- formation of contract,
- fraud, ,
- guarantees/sureties, –
- held covered clauses,
- identification of insurance contracts, , , , 1.317–
- implied terms,
- insurer’s duty, –
- investigations of claims,
- knowledge, ,
- Law Commission,
- law merchant, –
- life insurance,
- marine insurance, , ,
- materiality,
- meaning,
- misrepresentation, ,
- mutuality,
- nature of duty of, –
- negligence,
- negotiations, , –
- partnerships, –
- performance, –
- placing,
- post-contractual duty, –, –, –
- pre-contractual duty,
- purpose of duty,
- remedies, , –
- salvage contracts, –
- shares publicly offered, contracts for purchase of, –
- ship’s papers, discovery of, –
- silence,
- source of duty, –
- spouses, contracts between, –
- termination, –
- types of contracts subject to, , –
- unconscionability,
- Valuation
- avoidance, , ,
- declarations,
- excessive value, –, –, ,
- floating policies,
- fraud, , –
- grossly excessive
- insurance policies, existence of other, ,
- knowledge, presumed,
- marine insurance, –
- Marine Insurance Act 1906, –
- materiality, –
- misrepresentation, , –,
- moral hazard,
- opinions, , ,
- over valuation, –
- performance, –
- prudent underwriter test,
- reasonableness,
- under valuation,
- unvalued policies, ,
- Variations
- addendum, by,
- additional risk, , –
- adjustment of obligations, –, –, –
- affirm or avoid, election to,
- avoidance, , –
- conduct,
- cover, fundamental alteration to the,
- endorsement, ,
- formation of contract, ,
- insurers, by,
- materiality, –, , , –, –
- misrepresentation, ,
- mutuality,
- non-consumer contracts,
- non-disclosure, ,
- post-contractual duty, , –
- pre-contractual duty, –
- prudent or reasonable underwriter, –
- Vessels see also Cargo; Marine insurance; Seaworthiness
- age, of,
- class of, –
- current use,
- deviation, , ,
- employment, of,
- identification of, –
- insurable interests, in,
-
intended use,Page 740
- knowledge, ,
- licences, –
- nationality, –
- ownership, –
- previous use,
- registration, –
- related property, nature of, –
- salvage, –, ,
- use, , ,
- voyage, location and timing of, –
- Vicarious liability, , ,
- Voidable or void contracts
- Voluntary assumption of responsibility,
- Voyage
- Waiver
- affirm or avoid, election to, –,
- agents, –
- application of the duty of utmost good faith,
- avoidance, –
- basis clause, , , –
- breach of duty, –,
- brokers,
- burden of proof, –, ,
- commission, disclosure of,
- conduct, –,
- confidentiality,
- consumer insurance,
- custom,
- declarations,
- delay,
- details,
- disclosure, exceptions to, –
- election, by, , –
- enquiries, , , –, –,
- estoppel, –
- exceptions to disclosure, –
- experts,
- express,
- fire insurance policies,
- fraud,
- house insurance,
- identification of property,
- implied representations,
- implied waiver, –
- inactivity,
- incomplete answers, –
- inducement,
- knowledge, , , , –
- life insurance,
- loss experience, disclosure of, ,
- marine insurance,
- Marine Insurance Act 1906, –
- market practice,
- materiality,
- misrepresentation, , ,
- non-disclosure,
- placing, –,
- pre-contractual duty of disclosure,
- previous convictions,
- promissory estoppel,
- affirm or avoid, election to, –
- avoidance,
- Marine Insurance Act 1906,
-
reliance, ,Page 741
- warranties, breach of, , –, –
- proposal forms, –, ,
- questions, –
- reinsurance, –
- representations, –
- repudiation,
- seaworthiness, warranties of,
- silence, ,
- Statement of General Insurance Practice, ,
- Statement of Long-Term Insurance Practice,
- summary of material facts, –
- terminology,
- trade usage,
- types of policies,
- unconscionability, ,
- underwriters, reasonable and prudent,
- use of premises,
- warranties, breach of, , –
- War risks policies
- Warranties see also Basis clauses
- accuracy of facts,
- affirm or avoid, election to, , –
- ambiguity,
- avoidance, –, ,
- breach,
- burden of proof,
- business practices,
- co-assured,
- conditions,
- continuing, , ,
- course of business,
- definition,
- delay, , –,
- descriptive of risk, , , –
- deviation,
- disclosure, exceptions to, –
- documents, incorporated into,
- enquiries, ,
- exemption clauses,
- experts,
- fraud, , –
- health, –
- held covered clauses,
- illegality,
- implied,
- inactivity, –,
- intention,
- interpretation, ,
- knowledge, , –
- language, natural and ordinary,
- marine insurance, , , , 18.22
- materiality, , –,
- misrepresentation, , –
- non-disclosure,
- occurrence of certain events,
- opinions,
- placing, , –, –
- post-contractual duty of disclosure,
- pre-contractual duty of disclosure, –
- premiums,
- privity of the assured,
- promissory estoppel, –, , –, –
- promissory warranties, , –, –,
- proposal forms,
- reasonableness, ,
- reliance,
- representations, –, , –
- repudiation,
- reservation of rights,
- seaworthiness, , ,
- security,
- strict compliance, , , –
- superfluity by reason of, –
- time limits,
-
truth,Page 742
- types of,
- unconscionability,
- voyage, change of,
- waiver, , , –
- Wilful blindness
- Wilful misconduct, ,
- Words