The claims process: the role of utmost good faith

In England, the principle of utmost good faith is not an implied contractual term but rather informs the actual agreement between the parties and their conduct in carrying it out. In Catlin Australia Pty Ltd v Diamond World Jewellers Pty Ltd [2022] NSWCA 282 the New South Wales Court of Appeal has upheld the first instance decision of Schmidt J in [2021] NSWSC 1431, which discussed at length how utmost good faith can affect both parties in the claims process. The appeal was largely based on procedural matters and the manner in which the case had been argued.

Diamond World: the insurance