ABSTRACT
Parties to an insurance contract are under a statutory duty of good faith. The duty can be defined as that ‘the party proposing the insurance is bound to communicate to the insurer all matters which will enable him to determine the extent of the risk against which he undertakes to guarantee the assured’.1 In English insurance law the duty of good faith is analysed under two separate headings: (1) The duty in consumer insurance2 and (2) the duty in non-consumer (business) insurance. Marine insurance is business insurance. Therefore in this chapter the duty of good faith as applied to business insurance is analysed and the differences between the principles applicable to business and consumer insurance will be referred to in footnotes where necessary.
