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United Kingdom
utmost good faithavoidance
Drake Insurance Plc v. Provident Insurance Plc
[2003] EWCA Civ 1834; [2004] QB 601
Key Principle
An insurer's right to avoid a policy for non-disclosure or misrepresentation is itself subject to the mutual duty of utmost good faith and may not be exercised where there has been no inducement and the insurer acts otherwise than in good faith; avoidance is assessed by reference to the facts known to the insurer at the time of contract.
Area of Law
General
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