Page 56 - Ebook IC S01
P. 56
Survey And Loss Assessment IC-S01
The principle of utmost good faith applies to facts which the insurer knows and also
to the facts which he ought to know.
Examples of material facts
Life insurance: self medical history, family history, nature of job, food habits
Fire insurance: type of construction of building, goods stored in the vicinity,
maintenance
Marine insurance: nature of goods, packing
Motor insurance: type of vehicle, used for commercial or personal, details of
driver
The duty to disclose material facts depends on the type of insurance. In case of life
insurance the duty to disclose the material fact ends with the completion of the
contract. In case of nonlife insurance contract the duty continues till the cover is
operational. If after commencement of the risk there is change in the nature of the
risk the insured must inform the insurer.
The duty to disclose material facts revives at the time of renewal of the policy. The
renewal of the policy is virtually regarded as a fresh contract.
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