Question 16 Marks
Gauri took an insurance policy for her home without disclosing that the home is being used to house the catering business. After a few months, a gas cylinder explosion caused major damage to her property. Consequently, she filed a claim against the insurance company for compensation of loss. On investigating the matter, the insurance company discovered the commercial use of the home and refused to pay any claims. Identify and explain the principle of insurance which has been violated in the above case.
Answer
View full question & answer→The principle of utmost good faith has been violated as Gauri didn't mention about the commercial use of the home while taking the policy. The principle of utmost good faith is described below:
i. An insurance contract is a contract of uberrimae fidei as it is based on utmost good faith which should be displayed by both the parties involved therein, i.e., the insurer and the insured.
ii. The insurer should make full and accurate disclosure of all material facts related to the subject matter of the proposed insurance. The insurer should at the same time make all the terms and conditions of the contract clear.
iii. The contract of insurance will be voidable at the discretion of the insurer if the insured does not disclose any facts which are likely to affect the mind of a wise insurer in fixing the amount of premium or the decision to accept the proposal of insurance.
i. An insurance contract is a contract of uberrimae fidei as it is based on utmost good faith which should be displayed by both the parties involved therein, i.e., the insurer and the insured.
ii. The insurer should make full and accurate disclosure of all material facts related to the subject matter of the proposed insurance. The insurer should at the same time make all the terms and conditions of the contract clear.
iii. The contract of insurance will be voidable at the discretion of the insurer if the insured does not disclose any facts which are likely to affect the mind of a wise insurer in fixing the amount of premium or the decision to accept the proposal of insurance.