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Duty of Utmost Good Faith under MIA

  • DONG-A LAW REVIEW
  • 2013, (60), pp.253-276
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

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1동아대학교 무역학과

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ABSTRACT

Marine insurance contracts are the ones based on utmost good faith. Article 17 of English Marine insurance Act establishes that marine insurance contracts are based on utmost good faith, and the other party can cancel the contract when the party comply with utmost good faith. Marine insurance impose duty to notify and duty of sue and labor on the insured on the basis of duty of utmost good faith. Both the insurer and the insured should comply with the duty of utmost good faith as the person directly concerned in the marine contract, but more sense of obligation is demanded for the insured. The reasons that more obligation of the duty of utmost good faith are required for the insured are as follows. First, important facts for charge insured in marine insurance are possessed by the insured. The insured should comply with the duty to notify because of information imbalance on important items affecting conclusion of a contract. Second, the insured under marine contract may have moral hazard in sue and labor because they may think that the cost from loss can be compensated from the insurer. Duty of sue and labor on the basis of duty of utmost good faith is imposed on the insured to prevent such moral hazard. When the insured breaches the duty of utmost good faith, the insurer may cancel the insurance contract or be relieved of liability for compensation for damage. The duty of utmost good faith should be strictly complied with because its violation significantly affects the insured.

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