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(From Reinsurance)
The US perspective
The concept of utmost good faith traces its origins to marine insurance and English law. The US Supreme Court adopted the doctrine in a primary insurance context in 1828, and in 1837 a New York state court applied the doctrine to reinsurance contracts.
Arbitration has become the tribunal of choice for resolving reinsurance disputes, but parties increasingly enlist courts to settle conflicts. Over the last 20 years, reinsurance litigants have sought judicial guidance in applying utmost good faith to modern reinsurance disputes. The courts have chronicled changes in the way reinsurance has been transacted ...