The assured’s post-formation duty of utmost good faith in marine insurance
The doctrine of utmost good faith in insurance contracts has long been a part of English law. It was codified with the Marine Insurance Act 1906. In the pre-formation stage the doctrine consists of a duty to avoid non-disclosure and misrepresentation. Which facts are to be disclosed or represented under the doctrine is determined by a test of materiality. The assured does not have a duty to disclo