Insurance Contract: The One with Perfect Good Faith | 29 May 2024

In a contract of insurance each party “must communicate to the other, in good faith, all facts within his knowledge which are material to the contract, and which the other has not the means of ascertaining.

In a contract of insurance each party “must communicate to the other, in good faith, all facts within his knowledge which are material to the contract, and which the other has not the means of ascertaining. As a general rule, a failure by the insured to disclose conditions affecting the risk, of which he is aware makes the contract voidable at the option of the insurer. The reason for this rule is that insurance policies are traditionally contracts “uberrimae fidei” which means most abundant good faith; absolute and perfect candor or openness and honesty; the absence of any concealment or deception however slight. (Antonio, J., concurring, Vicente E. Tang vs. Hon. Court of Appeals, G.R. No. L-48563, May 25, 1979)

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