Continuing Duty of Utmost Good Faith

The revival or continuation of the pre-contractual duty of utmost good faith. The duty may be revived by policy conditions in regard to defined changes in risk or situations calling for fresh information as when cover applies under ‘held covered’ clauses. Where the change goes to the root of the contract, the insurer may come off risk, so the duty revives if the insurer is to continue the policy with a newly defined risk. The duty revives at the renewal of a contract. In addition good faith, meaning an absence of fraud, applies in the matter of claims.