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Good faith in insurance law: General and independent, not a duty but an interpretative principle

No / There is hardly any substantive difference between ‘utmost good faith’ and ‘good faith’. In insurance law there is not a general and independent duty to
act in good faith. This is because the requirement of good faith in insurance
law, although being both general and independent, is neither a statutory duty
nor a common-law duty the breach of which usually gives rise to a cause of
action. Instead it is an interpretative principle in the common law of
insurance. Similarly in civil law jurisdictions, it is not a legal duty either but instead an interpretative principle.

Identiferoai:union.ndltd.org:BRADFORD/oai:bradscholars.brad.ac.uk:10454/17805
Date05 May 2020
CreatorsHan, Yong Qiang
Source SetsBradford Scholars
LanguageEnglish
Detected LanguageEnglish
TypeArticle, No full-text in the repository

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