A CRITERION FOR IDENTIFYING GOOD FAITH OF INSURER AND INSURED IN INSURANCE CONTRACT

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SEIFI ZEINAB GHOLAM ALI; VAFAEIPOUR ALI

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Paper Information

Journal: IRANIAN JOURNAL OF INSURANCE RESEARCH (SANAAT-E-BIMEH) Year:2010 | Volume:25 | Issue:3 (99) Page(s): 45-69

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Title

A CRITERION FOR IDENTIFYING GOOD FAITH OF INSURER AND INSURED IN INSURANCE CONTRACT

Author(s)

SEIFI ZEINAB GHOLAM ALI | VAFAEIPOUR ALI | Issue Writer Certificate

Keywords

INSURERQ3

INSUREDQ3

GOOD FAITHQ3

INSURANCE ACTQ3

INSURANCE CONTRACTQ3

Abstract

The parties to the contract must have GOOD FAITH in their all statements and also avoid the silence which leads to the misrepresentation of the other party. What the INSURED asserts must be effective on the premium and the insurance subject. Informing the INSURER must be done with complete and accurate answers to the questions mentioned in the insurance proposal.The INSURED can not insure all potential risks that threaten the subject of contract. In this case, there are some exceptions like deliberate loss. INSURER must have GOOD FAITH in arranging the proposal and contract and avoid deceiving the INSURED by limited and ambiguous proposal. In the situations that INSURER knows the bad faith and non accuracy of the assertions and expressions of the INSURED party, can not invoke to this bad faith in the court. In the time of concluding the contract, that is possible that the INSURED party intends to insure his or her properties with a higher value than real (deliberately or unintentionally), if this misrepresentation is done in a deliberate situation, then the contract is void and if these false statements are expressed unintentional, the contract is not void, so it is valid. The INSURED obliges to inform the INSURER in the case of risk intensification or changing the insurance subject’s situation. But unfortunately in Iranian law, there is no remark about informing the INSURED in the case of risk mitigation, which has benefit for the INSURED.

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APA: Copy

SEIFI ZEINAB, GHOLAM ALI, & VAFAEIPOUR, ALI. (2010). A CRITERION FOR IDENTIFYING GOOD FAITH OF INSURER AND INSURED IN INSURANCE CONTRACT. IRANIAN JOURNAL OF INSURANCE RESEARCH (SANAAT-E-BIMEH), 25(3 (99)), 45-69. SID. https://sid.ir/paper/100908/en

Vancouver: Copy

SEIFI ZEINAB GHOLAM ALI, VAFAEIPOUR ALI. A CRITERION FOR IDENTIFYING GOOD FAITH OF INSURER AND INSURED IN INSURANCE CONTRACT. IRANIAN JOURNAL OF INSURANCE RESEARCH (SANAAT-E-BIMEH)[Internet]. 2010;25(3 (99)):45-69. Available from: https://sid.ir/paper/100908/en

IEEE: Copy

GHOLAM ALI SEIFI ZEINAB, and ALI VAFAEIPOUR, “A CRITERION FOR IDENTIFYING GOOD FAITH OF INSURER AND INSURED IN INSURANCE CONTRACT,” IRANIAN JOURNAL OF INSURANCE RESEARCH (SANAAT-E-BIMEH), vol. 25, no. 3 (99), pp. 45–69, 2010, [Online]. Available: https://sid.ir/paper/100908/en

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