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Contract of utmost good faith- (Uberrima fide)
It should be noted that when an insurance contract is
entered into, the insured person knows everything about
the risk that is insured but the insurer knows nothing. The
insurer can only assess the probability of loss (depending on
which the insurer may decide to accept the risk and
calculate a premium amount to be charged) based on what
the insured tells him about the risk.
Similarly, the insured would not understand what the
benefits are in relation to the cost paid (premium paid)
unless the same are made known to him to enable him to
make an informed choice.
Hence, in an insurance contract disclosure of all material
information has to be made by both the parties at the time
of entering into a contract; without missing out the tiniest
details.
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