英國의 保險契約法 改正動向과 最大善意

This article traces the development of the concept of good faith, and utmost good faith, in insurance law of England. This article will also canvass recent legal developments in relation to the issues and matters of particular concern to the reforming the insurance contract law. I wonder whether the retention of the clause “utmost good faith” is necessary, particularly in light of the English Law Commissions' review of insurance law and the possibility of statutory reform. It is actually necessary to have a long hard look at these concepts, as they currently exist in English law, and ask whether they are necessary. What matters is the content of the obligation of disclosure and the content of the obligation in relation to pre-contractual misrepresentations. In England, the concept has been applied only to insurance contracts and not contracts in general. They need to be defined clearly, and defined acceptably, given modern conditions and modern perceptions of an appropriate balance between assured and insurer. The serious problem is the draconian remedy for breach, whether a contract was a contract of insurance, and uncertainty as to the scope of the doctrine.