Uberrimae Fidei: Contracting With the Utmost Good Faith

[This article was originally published in ReinsuranceFocus.com, and does not constitute legal or other professional advice or service by Jorden Burt LLP and/or its attorneys. John Pitblado is an associate with Jorden Burt LLP at the firm's Simsbury, Conn. office.]

Born of British maritime insurance law centuries ago, the doctrine of uberrimae fidei or "utmost good faith" has in recent decades come to take on specialized application in the context of reinsurance. This evolution has left courts grappling with such issues as whether the duty is a basis for an independent cause of action, a tool of construction applicable to …