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Title: The past and future of 'utmost good faith' : a comparative study between English and Chinese insurance law
Author: Yang, Yiqing
ISNI:       0000 0004 7226 0733
Awarding Body: University of Exeter
Current Institution: University of Exeter
Date of Award: 2017
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An insurance contract is a contract of utmost good faith. The nature of the insurance bargain makes the duty a commercial necessity. Duties of disclosure and representation, which were two fundamental components of the principle of utmost good faith, operate in different ways in England and China. The insured and insurer in these two countries bears distinctive good faith related obligations pre- and post-contractually. English insurance law exercise considerable influence in most common law countries and some civil law jurisdictions. The separation between utmost good faith and the duty of fair presentation, with the abolition of the avoidance remedy, under the Insurance Act 2015 could influence other jurisdictions to alter their remedies. This thesis examines the application of the civil law notion of good faith and the common law duty of utmost good faith. It covers the operation of insured’s pre-contractual duties of disclosure and representation in both countries. The thesis considers the insurer’s duties as well as the continuing duties and the effect of utmost good faith taking in account the recent legislative changes on fraudulent claims and late payment. The thesis further examines the legal status of brokers and their disclosure duty in China and England. Finally, it also provides special considerations on consumers and micro-businesses.
Supervisor: Merkin, Rob Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available
Keywords: Duty of Utmost Good Faith in Insurance Contracts ; Civil Notion of Good Faith and Fair Dealing ; Fraudulent Claims ; Late Payment ; English and Chinese Insurance Law Reform ; Insurance Act 2015 ; Comparative Study