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Insurance Broking Practice and the Law

Chapter 5 MODIFICATION OF THE DUTY OF FAIR PRESENTATION AND CONTINUING DUTY OF UTMOST GOOD FAITH INTRODUCTION 5-1 In chapter 4 we considered the duty of fair presentation owed by the broker’s client before the insurance contract is concluded. 1 In the first part of this chapter, 2 we consider clauses in the insurance documentation which modify the insured’s pre-contractual duty. This could be by (i) excluding, limiting or altering the duty itself; or (ii) restricting the insurer’s remedies in the event of breach of the insurer’s remedies in the event of breach of the insured’s duty. 3 In the second part of this chapter, 4 we discuss the continuing duty of utmost good faith owed by the insured after the conclusion of the insurance contract. We also set out the broker’s duties to the insured in relation to the ongoing duty of utmost good faith. 5

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