To whom does the duty of good faith apply in insurance contracts?

The duty of good faith, also known as 'uberrima fides', is a fundamental principle that underpins insurance contracts. This principle requires both parties involved in the contract — the proposer (the insured) and the insurer — to act honestly and with full disclosure of material facts. Each party has an obligation to provide accurate and complete information; the proposer must disclose all information relevant to the insurer's assessments of risk, while the insurer must be truthful in the terms and coverage they offer.

In the context of insurance, good faith is paramount because it fosters trust and transparency. If the proposer withholds pertinent information or misrepresents facts, the insurer may face financial losses due to unforeseen risks. Similarly, if the insurer engages in practices that are deceptive or provides misleading information about the coverage, it can lead to significant harm to the proposer when they file a claim. Thus, both parties are bound by this duty to ensure fair dealing and maintain the integrity of the contract.