The duty of every person seeking insurance or reinsurance to inform the insurer/reinsurer from whom a quotation for insurance/reinsurance is sought of every material fact. The duty arises when seeking new insurance/reinsurance, when seeking a variation of cover (but only as regards a change in risk where the carrier is the same as before) and at renewal (but only as regards a change in risk where the carrier is the same as before). The scope of the duty may be modified by the terms of a proposal form. Should a person seeking insurance/reinsurance fail to disclose a material fact then this may lead to the avoidance of the relevant insurance or reinsurance by the underwriter. The consequences of non-disclosure may be modified by the terms of the relevant insurance/reinsurance.
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A common law duty on the part of a proposer for insurance to disclose to the insurer all material facts, viz., all facts that would influence a prudent insurer in deciding whether to grant the insurance and, if so, on what terms.
Tag: RAW
Duty to defend
Part of the insuring agreement of many policies. The insurer has the duty to defend the insured in event of a covered loss.
Duty to Minimize Loss (the “Duty of Assured” Clause)
The Duty of Assured Clause contained in the Institute cargo clauses provides that: (1) The insured must take reasonable measures to avert or minimize any loss recoverable under the Policy. (2) He must protect his right of recovery against the carriers etc. by complying with the legal requirement as to notice of claim on the carriers. Note: The Insurers will, in addition to any loss payable, reimburse the insured for any charges properly and reasonably incurred towards minimizing losses under the Policy.
Duty to warn
Legal or ethical obligation to release confidential information on a patient when it is necessary to warn an individual who is in imminent danger from that patient (e.g., risk of acquiring a disease as a result of a relationship with the patient). The duty to warn is a legal mandate in many states.