THE DUTY OF UTMOST GOOD FAITH IN ASSET-FORFEITURE JURISPRUDENCE – SOME LESSONS TO LEARN

The Constitutional Court has held that the provisions of the Prevention of Organised Crime Act 121 of 1998 that empower the State to apply ex parte for restraint and preservation orders regarding property involved in criminal activities do not per se violate the requirements of the audi alteram partem rule. However, the State still has to adhere to the normal procedural and other obligations imposed on applicants approaching courts for orders on an ex parte basis; one of these obligations is the duty of utmost good faith or uberrima fides. This article examines the application of this rule by SA courts. As respondents are diligent in seeking instances of nondisclosure of relevant information to warrant the application of the uberrima fides rule to their advantage, a high degree of openness and good faith is required from the State in order to avoid these ex parte orders being rescinded or discharged

The role of economic justice in realizing the principle of utmost good faith fairness in default insurance

This research is conducted to determine the role of economy in realizing the principle of utmost good faith which is fair since this principle does not take sides in insurance, which makes it possible to decide whether it is effective or not in the context of law enforcement in courts in the 2012-2021 period. This normative-philosophical research is based on philosophy of values and legal doctrines and is conducted with the use of qualitative and comparative methods. It is aimed at analyzing legal resources referring to selected legal provisions set out in legislation, literature, expert conclusions, reports, articles, research results and court decisions.

FUNDAMENTAL PRINCIPLES OF MARINE INSURANCE

The article describes the fundamental principles of marine insurance. It mainly examines the principle of "utmost good faith" which is the cornerstone of insurance law. The main aim of an article is to help the reader to gain basic knowledge and understanding of the legal principles of marine insurance. The fundamental principles governing marine insurance are very helpful in the assessment of loss and the claim in the maritime insurance industry. As in all contracts of insurance on the property, also marine insurance contract is based on the fundamental principles. Key words: marine insurance, Marine Insurance Act 1906, principles of marine insurance, utmost good faith, insurable interest

Pelanggaran Prinsip Utmost Good Faith pada asuransi jiwa (studi kasus putusan nomor 352/Pdt.G/2013/Pn.Jkt.Sel

Artikel ini membahas mengenai (1) Apakah alasan penolakan pembayaran klaim pada putusan nomor 352/Pdt.G/2013/PN. Jkt. Sel, antara Dahlan Sinambela sebagai penggugat melawan PT Axa Mandiri Financial service sebagai Tergugat sudah tepat menurut hukum asuransi?; (2) Bagaimana penerapan prinsip utmost good faith pada perkara antara dahlan sinambela melawan PT Axa Mandiri Financial Service pada tingkat pertama hingga tingkat kasasi?. Pada penelitian ini digunakan metode Yuridis-normatif sehingga data yang digunakan berasal dari studi kepustakaan. Hasil dari penelitian ini adalah (1) Penolakan pembayaran klaim polis nomor 512-6844199 tanggal 2 Maret 2012 atas nama Tertanggung Uli Sinambela sudah tepat menurut hukum asuransi, (2) Pengadilan Negeri belum menerapkan Prinsip utmost good faith sedangkan dalam tingkat Pengadilan Tinggi dan Kasasi Majelis Hakim telah menerapkan Prinsip Utmost Good Faith dengan benar.

2 The Formation of the Reinsurance Contract

This chapter discusses the formation of the reinsurance contract. A reinsurance contract is formed according to normal contractual principles. There needs to be an offer and an acceptance of that offer to form an agreement, with consideration for the bargain and an intention by the parties to create legal relations between them. The relationship between reinsurer and reinsured may be one of utmost good faith when concluding the contract, but the essential requirements for the formation of a contract are the same. The final offer and acceptance are the mechanisms for the formation of a reinsurance contract. A broker is normally (at least for most purposes) the agent of the reinsured for the purposes of the placement of the reinsurance. Ultimately, it is always important to look at the reality of the legal relationships and not rely on the superficial appearance of who is making an offer to whom. The chapter then looks at the Market Reform Contract (MRC) slip.

6 Denying Liability

This chapter focuses on the duty of fair presentation and the duty of utmost good faith. Before any reinsurance contract is concluded, the reinsured has to make a fair presentation of the risk to the reinsurer. A reinsured must disclose every material circumstance which the reinsured knows or ought to know or, at least, circumstances which would put a prudent reinsurer on notice that it needs to make further enquiries. That disclosure must be in a manner which would be reasonably clear and accessible to a prudent underwriter. A failure to give a fair presentation, if established, may entitle the reinsurer to avoid the contract without returning the premium where the reinsured has been deliberate or reckless or with a return of premium if the insurer would not have entered into the contract on any terms had the information provided been accurate and complete or where the parties have contracted out of the regime imposed by the Insurance Act 2015. The genesis of the duty of utmost good faith was a protection for insurers and reinsurers because the proposer knew everything about the risk and the underwriter knew nothing.