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Good Faith and Insurance Contracts

CHAPTER 19 ISSUES AFFECTING CONFLICT OF LAWS AND DISPUTE RESOLUTION THE APPLICABLE LAW 19.01 The law surrounding the duty of the utmost good faith as applied to insurance contracts discussed in this work is English law, although some assistance to divine the nature of the law has been gained from considering authorities from other common law jurisdictions. If the lex fori or curial law is English law, 1 whether English law is to be referred to as the applicable law by the relevant tribunal or court to consider the legal rights, obligations and relations between the parties is to be determined, with respect to contracts concluded on or after 17 December 2009, by Regulation (EC) 593/2008 (Rome I Regulation). Article 7 of the Rome I Regulation makes provision for the law applicable to insurance contracts, dependent on whether the contract covering a “large risk”. 2 In respect of earlier contracts, the applicable law is determined by the Contracts (Applicable Law) Act 1990 or, in the case of insurance contracts covering risks in the territories of EEA States, by the Financial Services and Markets Act 2000 (Law Applicable to Contracts of Insurance) Regulations 2001. 3

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