THE TORTIOUS LIABILITY OF INSURED PARTY BREACHING GOOD FAITH AT THE STAGE OF CONCLUDING INSURANCE CONTRACTS

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ANSARI ALI; ASKARI DEHNAVI JAVAD

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Journal Paper

Paper Information

Journal: IRANIAN JOURNAL OF INSURANCE RESEARCH (SANAAT-E-BIMEH) Year:2013 | Volume:28 | Issue:1 (109) Page(s): 95-120

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Title

THE TORTIOUS LIABILITY OF INSURED PARTY BREACHING GOOD FAITH AT THE STAGE OF CONCLUDING INSURANCE CONTRACTS

Author(s)

ANSARI ALI | ASKARI DEHNAVI JAVAD | Issue Writer Certificate

Keywords

INSUREDQ2

GOOD FAITH PRINCIPLEQ2

REVEALING BASIC INFORMATIONQ2

TORTIOUS LIABILITYQ2

Abstract

The GOOD FAITH PRINCIPLE is one of the most important principles in all insurance contracts with sanctions in several contractual phases. During the preliminary negotiations and at the conclusion of an insurance contract, it requires the INSURED party to reveal all relevant information in relation to the risks of insurance. Breach of this obligation by the INSURED party and establishment of this fact by the insurer, that the INSURED party was acting in bad faith, would result in tough sanctions, which in addition to rendering the insurance contract void, would make the INSURED party liable for damages suffered by the Insurance company.The rationale behind this remedy is the TORTIOUS LIABILITY which has arisen from the breach of the contract. But sometimes the legislator in this context has waved the application of traditional fundamentals and exempted the insurer from proving the INSURED party's bad faith. In this paper we discuss the INSURED party's obligation to observe the Principle of Good Faith at the conclusion of a contract and take further steps to analyze his or her TORTIOUS LIABILITY which is caused by the breach of this obligation.

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APA: Copy

ANSARI, ALI, & ASKARI DEHNAVI, JAVAD. (2013). THE TORTIOUS LIABILITY OF INSURED PARTY BREACHING GOOD FAITH AT THE STAGE OF CONCLUDING INSURANCE CONTRACTS. IRANIAN JOURNAL OF INSURANCE RESEARCH (SANAAT-E-BIMEH), 28(1 (109)), 95-120. SID. https://sid.ir/paper/100850/en

Vancouver: Copy

ANSARI ALI, ASKARI DEHNAVI JAVAD. THE TORTIOUS LIABILITY OF INSURED PARTY BREACHING GOOD FAITH AT THE STAGE OF CONCLUDING INSURANCE CONTRACTS. IRANIAN JOURNAL OF INSURANCE RESEARCH (SANAAT-E-BIMEH)[Internet]. 2013;28(1 (109)):95-120. Available from: https://sid.ir/paper/100850/en

IEEE: Copy

ALI ANSARI, and JAVAD ASKARI DEHNAVI, “THE TORTIOUS LIABILITY OF INSURED PARTY BREACHING GOOD FAITH AT THE STAGE OF CONCLUDING INSURANCE CONTRACTS,” IRANIAN JOURNAL OF INSURANCE RESEARCH (SANAAT-E-BIMEH), vol. 28, no. 1 (109), pp. 95–120, 2013, [Online]. Available: https://sid.ir/paper/100850/en

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