ABSTRACT
Recognising the post-contractual duty of utmost good faith, Lord Sumption was prepared to restrict the remedies available for breach of that duty. Section 14 of the Insurance Act 2015 has had an impact on the continuing duty of utmost good faith after the making of the insurance contract. The Law Commission suggested that Insurance is uberrimae fidei means that good faith is a principle by which, the duty of fair presentation is interpreted, other obligations in the insurance contract should be interpreted, the need to imply contractual duties is interpreted and room should be left for judicial flexibility. The firm body of judicial opinion which underlies the fact that the duty of utmost good faith at common law, and its statutory incarnation in section 17 of the Marine Insurance Act 1906, is not limited to conduct prior to the conclusion of the insurance contract, but extends to the insurer's and the assured's post-contractual relationship.
