Insurance · Legal Principles of Insurance
A general insurance company is processing a high-value industrial fire claim where the principle of 'Utmost Good Faith' is under scrutiny. The insured party failed to disclose a material fact that would have influenced the premium or the decision to provide cover. In insurance law, which of the following best describes the insurer's right in this scenario?
- 1The insurer can only refuse the claim if it can be proven that the insured intentionally started the fire.
- 2The insurer must pay the claim in full but can cancel the policy for the next year.
- 3The insurer can treat the contract as voidable from inception due to the breach of Uberrimae Fidei.✓
- 4The insurer can reduce the claim amount by 50 percent as a penalty for negligence.
Correct answer
The insurer can treat the contract as voidable from inception due to the breach of Uberrimae Fidei.
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