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21 February 2018

Of Shifting Winds – Insured’s Pre-contractual Duty of Good Faith in Singapore

Yeo Hwee Ying

Published on e-First 21 February 2018

Just over 250 years ago, the infamous landmark case of Carter v Boehm laid the foundation for the principle of utmost good faith in insurance law in common law jurisdictions as well as established the uberrimae fidei principle in Singapore. At its core, the uberrimae fidei principle imposes a reciprocal duty on both the insurer and the insured to demonstrate good faith. Naturally, the most classic and notorious aspect of the duty pertains to the insured’s pre-contractual duty of disclosure. As an ex-British colony and a legatee nation, Singapore has received much of this jurisprudence. This paper examines how the courts in Singapore have dealt with this doctrine of pre-contractual duty of disclosure and whether Singapore has similarly imported the unsatisfactory position.