المستخلص: |
Marine Insurance is a contract of speculation. The facts upon which the risk is to be computed, lie, for the most part, within the knowledge of the assured only. The underwriter must therefore rely upon him for all necessary information; and must trust to him that he will conceal nothing, so as to make him form a wrong, estimate. If a mistake happens, without any fraudulent intention, still the contract is annulled, because the risk is not the same which the underwriter intended. Good faith forbids the assured by concealing what he privately knows to draw the underwriter into a bargain from his ignorance of the fact and his belief to the contrary. This article attempts to explore various issues relating to the marine assured’ duty of disclosure under English and Kuwaiti Law.
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