uberrima fides造句

• The doctrine of " uberrima fides " is strictly limited in English law to the " formation " of the insurance contract.
• Its motto is " Fidentia ", Latin for " confidence ", and it is closely associated with the Latin phrase " uberrima fides ", or " utmost good faith ".
• In many countries, insurance law incorporates an " utmost good faith " or " uberrima fides " doctrine, which requires potential customers to answer any underwriting questions asked by the insurer fully and honestly.
• Acknowledging that the origin of the phrase  " uberrima fides "  was doubtful, but noting that it apparently made its appearance in English law in 1850, the court was  unable to find any Roman-Dutch authority in support of the proposition that a contract of marine insurance is a contract " uberrima fidei " .
• Early insurance contracts were considered to be contracts like any other, but first English ( see uberrima fides ) and then American courts recognized that insurers occupy a special role in society by virtue of their express or implied promise of peace of mind, as well as the severe vulnerability of insureds at the time they actually make claims ( usually after a terrible loss or disaster ).
• Despite these remarks, and despite the fact that the House of Lords has subsequently, with reference to them, noted that  the concept of " uberrima fides " does not appear to have derived from civil law and [ that ] it has been regarded as unnecessary in civilian systems,  Reinecke observes that " old habits die slowly, " and that insurance contracts are still occasionally referred to as " contracts of the utmost good faith . " This usage, he urges, " must be deprecated, " at least insofar as it suggests that the distinction between utmost good faith and good faith involves a difference of principle rather than merely one of degree.