ABSTRACT
This chapter analyses the duty of good faith as it falls upon the insurer and suggests that how the parties may respond to factual scenarios that the observance of good faith. The Insurance Act 2015 is completely silent to the insurer's duty of utmost good faith in respect of the placing of the risk, although it provides for the assureds’ duty of fair presentation. The insurer and the assured approach the insurance contract generally as commercial counterparts and, subject to the special requirements of the duty of utmost good faith, deal with each other at arm's length. When the insurance of a risk is being negotiated, it behoves the insurer to disclose to the assured facts material to the risk and the contract which is to be made. J. Steyn analysis has the beauty of equating the insurer's duty with that of any contracting party not to misrepresent material facts, of course applying the analysis to the obligation of disclosure.
