Indian Marine Insurance: Insured Duties from Utmost Good Faith to Fair Presentation
This paper considers how a recent change to English Marine Insurance Law could have impacted recent cases in India. Essentially, all marine insurance contracts in India require utmost good faith in all representations by either party. This was the standard in England until a recent amendment modifie...
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| Format: | Article |
| Language: | English |
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National University Odessa Law Academy
2024-11-01
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| Series: | Lex Portus |
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| author | Daniel Stein |
| author_facet | Daniel Stein |
| author_sort | Daniel Stein |
| collection | DOAJ |
| description | This paper considers how a recent change to English Marine Insurance Law could have impacted recent cases in India. Essentially, all marine insurance contracts in India require utmost good faith in all representations by either party. This was the standard in England until a recent amendment modified the standard to one only requiring a “fair presentation” of all material facts. This paper analyzes four Indian cases where the higher standard was in question and asks if or how those cases would have been decided had this different standard been in place. It uses that analysis to make suggestions about the future of Marine Insurance Law in India. |
| format | Article |
| id | doaj-art-c07ae00404184468accad5579a560bf1 |
| institution | Kabale University |
| issn | 2524-101X 2617-541X |
| language | English |
| publishDate | 2024-11-01 |
| publisher | National University Odessa Law Academy |
| record_format | Article |
| series | Lex Portus |
| spelling | doaj-art-c07ae00404184468accad5579a560bf12024-11-27T21:28:37ZengNational University Odessa Law AcademyLex Portus2524-101X2617-541X2024-11-0110571510.62821/lp10501Indian Marine Insurance: Insured Duties from Utmost Good Faith to Fair PresentationDaniel Stein0https://orcid.org/0000-0001-6309-1171Center for ADR, Jindal Global Law School, OP Jindal Global UniversityThis paper considers how a recent change to English Marine Insurance Law could have impacted recent cases in India. Essentially, all marine insurance contracts in India require utmost good faith in all representations by either party. This was the standard in England until a recent amendment modified the standard to one only requiring a “fair presentation” of all material facts. This paper analyzes four Indian cases where the higher standard was in question and asks if or how those cases would have been decided had this different standard been in place. It uses that analysis to make suggestions about the future of Marine Insurance Law in India.marine insuranceuberrimae fidaeutmost good faithfair presentationbritish lawindian lawcontracts |
| spellingShingle | Daniel Stein Indian Marine Insurance: Insured Duties from Utmost Good Faith to Fair Presentation Lex Portus marine insurance uberrimae fidae utmost good faith fair presentation british law indian law contracts |
| title | Indian Marine Insurance: Insured Duties from Utmost Good Faith to Fair Presentation |
| title_full | Indian Marine Insurance: Insured Duties from Utmost Good Faith to Fair Presentation |
| title_fullStr | Indian Marine Insurance: Insured Duties from Utmost Good Faith to Fair Presentation |
| title_full_unstemmed | Indian Marine Insurance: Insured Duties from Utmost Good Faith to Fair Presentation |
| title_short | Indian Marine Insurance: Insured Duties from Utmost Good Faith to Fair Presentation |
| title_sort | indian marine insurance insured duties from utmost good faith to fair presentation |
| topic | marine insurance uberrimae fidae utmost good faith fair presentation british law indian law contracts |
| work_keys_str_mv | AT danielstein indianmarineinsuranceinsureddutiesfromutmostgoodfaithtofairpresentation |