"Carter v Boehm" and pre-contractual duties in insurance law : a global perspective after 250 years

Revisiting Carter v Boehm (1766) 3 Burr 1905, the collected papers in this book are intended as a catalyst for rethinking the pre-contractual duties in insurance law and the related principle of utmost good faith at a critical era for insurance law. In so doing, it endeavours to provide insurance law students, academics, practitioners and judges with new perspectives for a keen understanding of this fundamental aspect of insurance law, which has become increasingly dynamic under both common law and civil law legal traditions. It will explore to what extent and why the doctrines of pre-contractual duties in insurance law under the two major legal traditions are converging, as well as the implications of such convergence. It will be of great interest to students, academics and practitioners in the field of insurance law. This book is the culmination of a colloquium held on 30 November & 1 December 2016 in Singapore and convened by the Centre for Banking and Finance Law, of the Faculty of Law, National University of Singapore for the 250th anniversary of the landmark English insurance law case Carter v Boehm (1766) 3 Burr 1905.-- Provided by Publisher Foreword Preface Acknowledgements Table of Contents List of Contributors Table of Cases Table of Statutes 1. Introduction Part I: Revisiting Carter v Boehm and Pre-contractual Duties in Insurance Law 2. Carter v Boehm (1766) 3 Burr 1905 3. The History of a Landmark: Carter v Boehm I. Introduction II. The General Historical Background III. Carter's Insurance Policy IV. Lord Mansfield's Judgment V. Material Non-disclosure (I): The Defensive Condition of Fort Marlborough VI. Material Non-disclosure (II): Alexander Wynch's Letter from the Cape of Good Hope VII. Material Non-disclosure (III): Carter's Anticipation of a French Attack VIII. Material Non-disclosure (IV): Carter's Grounds for Apprehending a Dutch War IX. Fraudulent Avoidance by the Insurer X. The Public Policy Objection XI. Conclusion 4. The Doctrine of Uberrima Fides in Insurance Law—A Critical Evaluation I. Carter v Boehm and After II. Developments in the Nineteenth Century III. Twentieth-century Fundamentalism IV. Expert Evidence V. Critique VI. Notes on Reform Part II: Pre-contractual Duties in Insurance Law: Common Law Jurisdictions 5. Pre-contractual Duties in Australia I. Pre-contractual Duties in Australia: An Overview II. The Policyholder's Pre-contractual Duty III. Insurer's Pre-contractual Duties IV. Time for Some Catch Up V. Conclusion 6. Pre-contractual Duties in the UK Insurance Law after 2015: Old (or New?) Wine in New Bottles? I. Introduction II. Overview of Utmost Good Faith III. Policyholder's Pre-contractual Duty IV. Insurer's Pre-contractual Duty V. Conclusion 7. Pre-contractual Duties under American Insurance Law I. Introduction: The Differing Faces of American Insurance Law II. Policyholder's Pre-contractual Duties in American Insurance Law III. Insurers' Pre-contractual Disclosure Obligations IV. Conclusion Part III: Pre-contractual Duties in Insurance Law: Civil Law Jurisdictions 8. Pre-contractual Duties under the Chinese Insurance Law I. Introduction II. (Utmost) Good Faith in Chinese Insurance Law: An Overview III. Policyholder's Duty of Truthful Representations IV. Insurer's Duties to Explain, to Remind and to Elucidate V. Conclusion 9. Pre-contractual Duties under the French Insurance Law I. Introduction II. Pre-contractual Good Faith in French Civil Law: An Overview III. Policyholder's Pre-contractual Duty under French Law IV. Insurer's Pre-contractual Informational Duty in French Law V. Conclusion 10. Pre-contractual Duties under the German Insurance Law I. The Non-Impact of Carter v Boehm on German Insurance Law II. The Policyholder's Pre-contractual Duties Not to Misrepresent III. The Insurer's Duties to Inform and to Advise IV. Conclusion 11. Pre-contractual Duties under the Japanese Insurance Law I. Introduction II. An Overview of Japanese (Insurance) Law and Good Faith III. Policyholder's Pre-contractual Duty IV. Insurer's Pre-contractual Duty V. Conclusion 12. Pre-contractual Duties under the Swiss Insurance Law I. Introduction II. Overview of Pre-contractual (Utmost) Good Faith III. Policyholder's Pre-contractual Duty of Disclosure IV. Insurer's Pre-contractual Information Duties V. Conclusion Part IV: Pre-contractual Duties in Insurance Law: Mixed Legal System, Reinsurance and Brokers 13. Good Faith and Pre-contractual Duties under South African Insurance Law I. Introduction II. Overview of Good Faith and Pre-contractual Duty of Disclosure in South African Contract Law III. Insured/Policyholder's Pre-contractual Duty (of Disclosure) IV. Insurer's Pre-contractual Duty V. Conclusion 14. Pre-contractual Duties in European Insurance Contract Law I. Introduction to European Insurance Contract Law II. Preliminary Remarks on the PEICL III. The PEICL: Policyholder's Pre-contractual Disclosure IV. Information Duties of Insurers V. Conclusion 15. Pre-contractual Utmost Good Faith of the Reinsured I. Introduction II. Overview: A Strong Duty of Good Faith for Reinsurance Contracts III. Requirement of (Utmost) Good Faith for the Reinsured IV. Conclusion 16. Placement of Insurance and the Role of Brokers I. The Significance of Brokers II. Placement and Presentation of the Risk: The Issues III. Misrepresentation IV. Failure to Pass on Information Disclosed by the Assured V. Failure to Pass on Information Known Only to the Broker VI. Reforms in Common Law Jurisdictions 17. Conclusions: (Utmost) Good Faith and Pre-contractual Duties Globally in the Twenty-first Century I. Rethinking Utmost Good Faith II. The Dilution of a Policyholder's Pre-contractual Duty III. The Rise of Insurer's Pre-contractual 'Informational' Duties IV. More Thoughts Index Introduction / Yong Qiang Han And Greg Pynt -- Carter V Boehm (1766) 3 Burr 1905 -- The History Of A Landmark : Carter V Boehm / Stephen Watterson -- The Doctrine Of Uberrima Fides In Insurance Law : A Critical Evaluation / Reuben A Hasson -- Pre-contractual Duties In Australia / Peter Mann, Greg Pynt And Samantha Traves -- Pre-contractual Duties In The Uk Insurance Law After 2015 : Old (or New?) Wine In New Bottles? / Yong Qiang Han -- Pre-contractual Duties Under The American Insurance Law / Martin Davies And Jeffrey W Stempel -- Pre-contractual Duties Under The Chinese Insurance Law / Yong Qiang Han And Feng Wang -- Pre-contractual Duties Under The French Insurance Law / Sebastien Leroy -- Pre-contractual Duties Under The German Insurance Law / Manfred Wandt And Kevin Bork -- Pre-contractual Informational Duties Under The Japanese Insurance Law / Satoshi Nakaide -- Pre-contractual Duties Under The Swiss Insurance Law / Andrea Stäubli -- Good Faith And Pre-contractual Duties Under South African Insurance Law / Birgit Kuschke -- Pre-contractual Duties In European Insurance Contract Law / Helmut Heiss And Ulrike Mönnich -- Pre-contractual Utmost Good Faith Of The Reinsured / Jeffrey W Stempel -- Placement Of Insurance And The Role Of Brokers / Robert Merkin -- Conclusions : (utmost) Good Faith And Pre-contractual Duties Globally In The Twenty-first Century / Yong Qiang Han. Edited By Yong Qiang Han And Gregory Pynt. Includes Papers Presented At A Colloquium Held At The Faculty Of Law, National University Of Singapore On 30 November And 1 December 2016 (the 250th Anniversary Of Carter V Boehm). -- Ecip Preface. Includes Bibliographical References And Index. "Revisiting Carter v Boehm, the collected papers in this book are intended as a catalyst for rethinking the pre-contractual duties in insurance law and the related principle of utmost good faith at a critical time for insurance law. In so doing, it endeavours to provide insurance law students, academics, practitioners and judges with new perspectives for a keen understanding of this fundamental aspect of insurance law, which has become increasingly dynamic under both common law and civil law legal traditions. It will explore to what extent and why the doctrines of pre-contractual duties in insurance law under the two major legal traditions are converging, as well as the implications of such convergence. It will be of great interest to students, academics and practitioners in the field of insurance law." --publisher's description