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CHAPTER 13 Third parties

Good Faith and Insurance Contracts

Page 397


Third parties

Third parties

13.01 The courts classically have examined the duties of good faith within the surrounds of the bilateral relationship between an assured and an insurer. The principal questions thrown up in such cases are whether good faith dictates that the one party owes a duty of some sort to the other party and whether the duty found to exist has in some way been contravened. The scrutiny paid to this enquiry rightly has led to an involved and evolved exposition of uberrima fides as between assured and insurer.

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