Claims Management
Most people are aware that the law requires that parties to normal commercial contracts exercise good faith. Most people, however, would be surprised to know that the law requires parties to an insurance contract to exercise Utmost Good Faith. The difference has arisen because, with normal commercial contracts, the parties entering into the contract are able to see what is being purchased and have an opportunity of inspecting it. With a life insurance contract, the insurer is only giving a promise that in the event of certain things occurring (ie the life insured becoming disabled); the loss of income will be reimbursed. The laws that govern commercial insurance products are to a large extent part of the wave of consumer protection legislation enacted in recent years.