ABSTRACT
5.1 The cases on the good faith obligations of insurers are well-known and have been analysed at length by others. 3 By adding our thoughts on the subject we risk setting out along a well-trammelled path, but in reacquainting ourselves with what is familiar we hope to explore some of the roads less travelled by. There are three reasons for doing so. First, the so-called duty of good faith is an elusive principal which requires elucidation and clear application. Second, the insurer’s obligations of good faith, both pre-and post-contract, remain less developed than the mutual (but not equivalent) good faith obligations of the assured. Third, the changes made by the Insurance Act 2015, in particular the abolition of avoidance as the general remedy for breach of good faith obligations, paves the way for further judicial development of the insurer’s good faith obligations and the remedies for their breach.
