Insurance is a contract of utmost good faith. This principle, known in legal texts by the Latin phrase uberrimae fidei, imposes duties on both the insurer and the insured that go beyond what ordinary commercial contracts require. It is not just a legal technicality. It is the foundation of the entire insurance relationship, and it affects how both parties must behave from the moment the application is submitted through the resolution of the last claim.
The insured's primary duty under utmost good faith is the duty of disclosure. When applying for insurance, the insured must tell the insurer everything that is relevant to the risk being covered. This means disclosing all material facts, which is defined as any piece of information that would influence a reasonable insurer's decision to accept the risk, set the premium, or impose specific terms and conditions. The duty is broader than simply answering the questions on the application form honestly, although honesty is obviously the minimum. It extends to volunteering information that the applicant knows, or should know, would be important to the insurer's assessment, even if the application does not specifically ask about it.
If the building has a history of plumbing failures, that needs to be disclosed. If the business has been the subject of liability claims in the past, that needs to be disclosed. If a previous insurer cancelled the coverage or declined to renew it, that absolutely needs to be disclosed. These are material facts because they would affect how a reasonable insurer evaluates the risk. Withholding them, whether intentionally or through innocent oversight, deprives the insurer of the information it needs to price the coverage accurately and to decide whether to accept the risk at all.