ABSTRACT

The next two chapters examine the duty of disclosure upon insured and insurer and the closely related obligation not to misrepresent material facts. As distinct from the economic and historical dynamics that have motivated information disclosure in the insurance industry (outlined in Chapter 2), understanding the regulatory structure that has evolved to govern pre-contract disclosure between insured and insurer requires not only a familiarity with statutory provisions but also presupposes an understanding of the common law principles that these statutory provisions have abrogated, amended or merely supplemented.