Common use of Utmost Good Faith Clause in Contracts

Utmost Good Faith. The contract of insurance evidenced by this Policy is a contract of utmost good faith between the Insurer and the Insured, and in accordance with this principle, the Insured confirms that before the contract of insurance was concluded the Insured and its agents had fully disclosed and truly represented to the Insurer all material facts and circumstances which might influence the Insurer to fix the Premium or to agree to subscribe to the Policy. In particular (but without prejudice to the generality of the obligation), the Insured confirms that as at the date of the conclusion of the contract neither it nor its agents had any information of any fact or circumstance which could give rise to or increase the likelihood of a Loss under this Policy. Should the Insured and its agents have failed to disclose or truly represent all material facts and circumstances, the Insurer shall be entitled upon notice to the Insured to treat the Policy as void as from the date upon which the contract of insurance was concluded, and (unless fraud is involved in the non-disclosure or misrepresentation) tender return of any premium paid. Prior to any variation or any amendment to the terms of the Policy the Insured and their agents shall again fully disclose and truly represent to the Insurer all facts and circumstances that may influence the Insurer in their agreement to the variation or amendment. In the event of a breach by the Insured or its agents of these duties, the Insurer shall be entitled to treat any variation or amendment agreed as void.

Appears in 2 contracts

Samples: policyholder.gov.in, irda.gov.in

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Utmost Good Faith. The contract of insurance evidenced by this Policy is a contract of utmost good faith between the Insurer and the Insured, and in accordance with this principle, the Insured confirms that before the contract of insurance was concluded the Insured and its agents had fully disclosed and truly represented to the Insurer all material facts and circumstances which might influence the Insurer Trade Credit to fix the Premium or to agree to subscribe to the Policy. In particular (but without prejudice to the generality of the obligation), the Insured confirms that as at the date of the conclusion of the contract neither it nor its agents had any information of any fact or circumstance which could give rise to or increase the likelihood of a Loss under this Policy. Should the Insured and its agents have failed to disclose or truly represent all material facts and circumstances, the Insurer shall be entitled upon notice to the Insured to treat the Policy as void as from the date upon which the contract of insurance was concluded, and (unless fraud is involved in the non-disclosure or misrepresentation) tender return of any premium paid. Prior to any variation or any amendment to the terms of the Policy the Insured and their agents shall again fully disclose and truly represent to the Insurer all facts and circumstances that may influence the Insurer in their agreement to the variation or amendment. In the event of a breach by the Insured or its agents of these duties, the Insurer shall be entitled to treat any variation or amendment agreed as void.

Appears in 1 contract

Samples: old2.nexusunderwriting.com

Utmost Good Faith. The contract of insurance evidenced by this Policy is a contract of utmost good faith between the Insurer and the Insured, and in accordance with this principle, the Insured confirms that before the contract of insurance was concluded the Insured and its agents had fully disclosed and truly represented to the Insurer all material facts and circumstances which might influence the Insurer to fix the Premium or to agree to subscribe to the Policy. In particular (but without prejudice to the generality of the obligation), the Insured confirms that as at the date of the conclusion of the contract neither it nor its agents had any information of any fact or circumstance which could give rise to or increase the likelihood of a Loss under this Policy. Should the Insured and its agents have failed to disclose or truly represent all material facts and circumstances, the Insurer shall be entitled upon notice to the Insured to treat the Policy as void as from the date upon which the contract of insurance was concluded, and (unless fraud is involved in the non-disclosure or misrepresentation) tender return of any premium paid. Prior to any variation or any amendment to the terms of the Policy the Insured and their agents shall again fully disclose and truly represent to the Insurer all facts and circumstances that may influence the Insurer in their agreement to the variation or amendment. In the event of a breach Credi v by the Insured or its agents of these duties, the Insurer shall be entitled to treat any variation or amendment agreed as void.

Appears in 1 contract

Samples: www.nexusunderwriting.com

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Utmost Good Faith. The contract of insurance evidenced by this Policy is a contract of utmost good faith between the Insurer and the Insured, and in accordance with this principle, the Insured confirms that before the contract of insurance was concluded the Insured and its agents had fully disclosed and truly represented to the Insurer all material facts and circumstances which might influence the Insurer to fix the Premium or to agree to subscribe to the Policy. In particular (but without prejudice to the generality of the obligation), the Insured confirms that as at the date of the conclusion of the contract neither it nor its agents had any information of any fact or circumstance which could give rise to or increase the likelihood of a Loss under this Policy. Should the Insured and its agents have failed to disclose or truly represent all material facts and circumstances, the Insurer shall be entitled upon notice to the Insured to treat the Policy as void as from the date upon which the contract of insurance was concluded, and (unless fraud is involved in the non-non- disclosure or misrepresentation) tender return of any premium paid. Prior to any variation or any amendment to the terms of the Policy the Insured and their agents shall again fully disclose and truly represent to the Insurer all facts and circumstances that may influence the Insurer in their agreement to the variation or amendment. In the event of a breach by the Insured or its agents of these duties, the Insurer shall be entitled to treat any variation or amendment agreed as void.

Appears in 1 contract

Samples: markelintl.ca

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