What principle is fundamental in determining the validity of an insurance claim?

Study for the CII Insurance Law (M05) exam. Enhance your preparation with quizzes featuring multiple choice questions, detailed hints, and explanations. Get ready to ace your test!

The principle of utmost good faith, also known as "uberrima fides," is fundamental in determining the validity of an insurance claim because it establishes the expectation that both parties in an insurance contract—the insurer and the insured—will act honestly and disclose all relevant facts. This principle requires the insured to provide all material information about the risk being insured, including any potential issues or conditions that could affect the insurance coverage.

In the context of claims, this principle reinforces the obligation of the policyholder to share honest and complete information when making a claim. If the insured fails to uphold this duty of disclosure, it can lead to the insurer contesting the validity of the claim, resulting in claim denial, policy cancellation, or even legal repercussions. The integrity and transparency inherent in applying this principle are vital to maintaining trust in the insurance system and ensuring that risks are accurately assessed and covered.

The other principles mentioned—indemnity, contribution, and subrogation—while important in their own right, primarily relate to the nature and settlement of claims, rather than the foundational duty of good faith that underpins the contractual relationship in insurance. Indemnity focuses on compensating the insured for loss, contribution deals with the sharing of loss among multiple insurers, and

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