Utmost good faith - Continuing duty of utmost good faith

HIH v Chase Manhattan in the Court of Appeal

The Court of Appeal delivered its judgment in HIH Casualty and General Insurance Ltd v Chase Manhattan Bank [2001] Lloyd’s Rep IR 702 at the end of July. The judgment of Rix LJ contains a detailed analysis of the nature of the duty of utmost good faith and the extent to which clauses which oust or limit the duty or remedies for its breach are permissible and how they are to be construed. The decision of Aikens J, [2001] Lloyd’s Rep IR 191 , has been reversed on a number of key issues.