Abstract

Health and life insurances are governed by the fundamental doctrine of Utmost good faith (uberrimae fidei). The principles requires parties to a contract to ensure absolute honesty by disclosing all the material facts required for risk assessment. The disclosure requirement becomes more stringent in case of insurance contracts as the other party faces the problem of information asymmetry due to the inherently personal nature of the information. This research paper critically analyses the evolution, application and the modern challenges put forth by the doctrine in Indian insurance market. It recognises that while the doctrine of utmost good faith requires transparency and fairness, practical application of the doctrine entirely faces hurdles due to unawareness of consumers, asymmetry in information and the prevalence of standard form of contracts in India. Indian judiciary through its judgements have shifted the burden of proof on the insurers in case of non-disclosure or misrepresentation in order to protect the vulnerable policyholders. The paper deals with the relevant regulatory framework in India including the Indian insurance act, 1938 and other regulations issued by Indian insurance regulatory and development authority. It further incorporates the changes brought by the 2015 amendment. Moreover, The paper argues that systematic widespread of misinformation and complex languages of the contracts undermines the efficacy of the doctrine. The paper advocates a balanced approach by bringing legal precedents, regulatory vigilance, accountability of insurer and enhanced protection for the consumers. Thus, it aims to foster an equitable insurance sytem where transparency, trust and fairness underpin the social welfare functions of Insurance in India.

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