Contractual Duty

In accident Insurance, proposal forms are always used. These forms are designed to obtain all material information about the subject matter of Insurance. The form contains a declaration. The proposer has to declare that he has answered all the questions truly and correctly, and that he agrees that the proposal and declaration shall be the basis of the contract between him and the Insurers. The legal effect of this declaration is that the Insurers can avoid the contract if any answer is inaccurate or incorrect even if the answer is not material to the risk. This means that the answers are required to be fully and absolutely true and correct. This is called the contractual duty of utmost good faith which is far more strict then the common law duty.

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