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Materiality, non-disclosure and unproven allegations: following the North Star?

Materiality, non-disclosure and unproven allegations: following the North Star?
Materiality, non-disclosure and unproven allegations: following the North Star?
The Court of Appeal decision in The North Star shows continuing judicial dissatisfaction with the doctrine of utmost good faith in insurance contract law. As a vehicle designed in the 18th century to counteract inequalities of access to information, it has failed to keep pace with modern circumstances. However, the most recent “hard” case represents an age-old problem: whether to require disclosure of information known by the insured to be untrue, but not yet disproven. This article considers three potential mechanisms for reform: the concept of materiality; the doctrine of inducement and ex post controls on the remedy of avoidance.
0306-2945
517-538
Davey, James
6fe8c2ef-5959-4877-94a5-a55098975daa
Davey, James
6fe8c2ef-5959-4877-94a5-a55098975daa

Davey, James (2006) Materiality, non-disclosure and unproven allegations: following the North Star? Lloyd's Maritime & Commercial Law Quarterly, 4, 517-538.

Record type: Article

Abstract

The Court of Appeal decision in The North Star shows continuing judicial dissatisfaction with the doctrine of utmost good faith in insurance contract law. As a vehicle designed in the 18th century to counteract inequalities of access to information, it has failed to keep pace with modern circumstances. However, the most recent “hard” case represents an age-old problem: whether to require disclosure of information known by the insured to be untrue, but not yet disproven. This article considers three potential mechanisms for reform: the concept of materiality; the doctrine of inducement and ex post controls on the remedy of avoidance.

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Published date: 2006
Organisations: Southampton Law School

Identifiers

Local EPrints ID: 374380
URI: https://eprints.soton.ac.uk/id/eprint/374380
ISSN: 0306-2945
PURE UUID: 2f2d03c8-c18f-45f9-bda9-bf34750b78bb

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Date deposited: 13 Feb 2015 16:15
Last modified: 17 Jul 2017 21:27

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