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Uberrimae fidei

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CategoryU
TitleUberrimae fidei
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Uberrima fides is a Latin term. The terms uberrima fides and uberrimae fidei, although grammatically distinct in Latin, are often used interchangeably in English. It means "utmost good faith".

It is one of the obligation of the parties involved not only in the insurance contract but also in other forms of commercial agreements /contracts that they must act with utmost good faith prior to the conclusion of any particular transaction. This is because fraud, misrepresentation or deliberate non- disclosure of material facts in any contract, would make it unenforceable and invalid for the purpose of protecting the innocent party from being deceived.

In order to constitute a breach of Uberrima fide from either party, the following three criteria should meet— (a) The statement, act or omiswion should be a form of non- disclosure or misrepresentation or fraud; (b) it should be within the knowledge of the doer, or (c) it should be a material fact effecting the subject the policy / agreement/ contract.

A contract of insurance is contract uberrimae fidei and there must be utmost good faith on the part of the assured. This imposes a duty and an obliging on the assured to make a full disclosure of all material facts which would affect the mind of the insurer whether to accept the risk or not and on what terms. A false answer or non-disclosure or concealment of a material fact will avoid the policy, even though there is no fraud and the concealment is innocent. [Rohini Nandan v Ocean Accident AIR 1960 Cal, 969]
Created OnJune 1, 2011, 11:07 AM
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