Doctrine of Utmost Good Faith is Alive and Well in US Courts

As I reflect back on legal trends in the area of marine insurance over the past year, the doctrine of Utmost Most Good faith (Or Uberrimae Fidei) stands out, yet again. On the one hand, the year 2014 represented an ongoing platform for reform of the UK MIA 1906 including reform of the doctrine of Utmost good faith. On the other hand, it has been an ongoing central theme faced by the US court system and the year 2014 was no exception. In fact, the doctrine embodies all areas of marine insurance and is not confined to one class.

1. Marine Insurance Company Limited v. Cron, No. 3:13 CV 00437 (S.D.Tx Oct. 6, 2014) 2014 WL 4982418 (Misrepresentation of purchase price in a yacht insurance policy application)

2. New York Marine and General Insurance Co. v. Continental Cement Co., LLC, No. 13-2313, (8th Cir. July 17, 2014), 2014 WL 3824226 (Non disclosure of a hull survey on an application for a hull policy)

3. Gamez v. Ace American Insurance Company, No. 11-22842 (S.D.Fla. Aug. 11, 2014), 2014 WL 3921366 (Misrepresentation of information relating to ownership, location, identity of prime operator and ownership of prior vessels)

In New York Marine and General Insurance Co. v. Continental Cement Co, the Eight Circuit proclaimed the duty of utmost good faith as embedded federal maritime precedent.

The above views are not intended to be for information purposes only.

For more information on the duty of utmost Good faith, please see my ebook page
https://jervisici.com/ebooks/