Eggers, PM; (2012) The Past and Future of English Insurance Law: Good Faith and Warranties. UCL Journal of Law and Jurisprudence , 1 (2) pp. 211-244. 10.14324/111.2052-1871.051.

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Abstract

This article reviews the current state of English insurance law applied to the duty of utmost good faith, in particular the assured's duty of full and accurate disclosure, and to insurance warranties, and examines the adequacy of the proposals made by the Law Commission for the reform of the law in both instances. Whilst recognising that there is a case for some reform, the reform recommended by the Law Commission is considered to extend beyond the bounds of what is necessary for the just and rational alteration of the law. In summary, the duty of utmost good faith requires no substantive reform as to the existence or scope of the duty, but does require a change by which the Courts will have the power to exercise a discretion to achieve a flexible remedial response to any breach of the duty. The principal reform which would benefit the law of warranties should concentrate on the clarity of the language in which the warranty is expressed and to identify the circumstances in which a true promissory warranty may be said to exist.

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