ABSTRACT

This chapter analyses the duty of good faith as applies to business insurance and the differences between the principles applicable to business and consumer insurance refers to in footnotes where necessary. The insurer may prove materiality by presenting an expert view from the relevant insurance market to the Court. Reliance of an expert view in an insurance context is seen in International Lottery Management v Dumas. In St Paul Fire the contractors purchased a contractors' all risks insurance on the design and construction of the Parliament building and a four storey administration block in the Marshall Islands. In St Paul Fire & Marine Insurance Co Ltd v McDonnell Dowell Constructors Ltd the contractors purchased a contractors' all risks insurance. In relation to the Greek criminal proceedings, or the Panamanian civil proceedings, the allegations of dishonesty had nothing to do with the risks being insured and nothing to do with claims under an insurance policy.