Uberrimae fidei (Latin: “of the
utmost good faith”) describes the stringent expectation of honesty and full disclosure in legal dealings, most prominently when proposing insurance. Historically, insurance was treated as a contract of utmost good faith: a material non‑disclosure or misrepresentation could entitle the insurer to avoid the policy ab initio.
In England & Wales, Scotland and Northern Ireland, this doctrine has been recast by statute. For consumer insurance, the Consumer Insurance (Disclosure and Representations) Act 2012 imposes a duty to take reasonable care not to make a misrepresentation. For non‑consumer insurance, the Insurance Act 2015 introduces the duty of fair presentation. The former general right to avoid for breach of utmost good faith, and section 17 of the Marine Insurance Act 1906, have been abolished/repealed, with proportionate remedies now applying.
In Ireland, the Consumer Insurance Contracts Act 2019 similarly replaces the former doctrine for consumers with statutory duties and proportionate remedies. For non‑consumer insurance, the traditional utmost good faith concept, rooted in the Marine Insurance Act 1906 and case law, continues to inform the law.
Outside insurance, the phrase is used descriptively (e.g. about fiduciary candour), but it is not a standalone cause of action nor a term with a single...