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Class 1 (Chief Engineer) Engineering Management 📅 Jan 2024

Exam Question

Explain the principle of "uberrimae fidei" in Maritime Insurance. What are the different disclosures which must be made by the insured to the insurer in a Marine Insurance? List the circumstances which need not be disclosed to the insurer? What happens to the Marine insurance contract if the disclosures are not made to the insurer at the time of conclusions of the contract. (16)

Reference Answer

### Principle of Uberrimae Fidei
The principle of *"uberrimae fidei"* is a Latin term meaning **"utmost good faith"**. It is a foundational legal doctrine in marine insurance, imposing a stringent duty of honesty and full disclosure on all parties to the insurance contract. While the duty is reciprocal, the burden falls most heavily upon the insured (the shipowner or cargo owner).
The rationale for this principle is the asymmetric nature of information in marine insurance. The insured possesses all the critical details about the vessel, its condition, the cargo, and the intended voyage. The insurer, often located far from the asset, cannot practically inspect and verify every detail for every risk they underwrite. Therefore, the insurer must rely completely on the truthfulness and completeness of the information provided by the insured to accurately assess the risk and calculate a fair premium. A breach of this duty, even if unintentional, can undermine the entire basis of the contract.
### Disclosures to be Made by the Insured

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