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The nature of the insurance relationship, as it is described by Lord Mansfield in Carter v Boehm.
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The nature of the insurance relationship, as it is described by Lord Mansfield in Carter v Boehm1, renders important and justifies the recognition by insurance contract law of the doctrine of utmost good faith: "...The special effects by which the contingent chance is to be computed, lie most commonly in the knowledge of the insured only: the underwriter trusts to his representation and proceeds upon confidence that he does not keep back any circumstance in his knowledge, to mislead the underwriter into a belief that the circumstance does not exist, and to induce him to estimate the risk, as if it did not exist...". The doctrine of utmost good faith embraces the duty of disclosure and non-fraudulent misrepresentation which are both subject to the concept of materiality2 ,which has engendered a great deal of debate in the courts over recent years. In order to acquire a balanced view of...
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