uberrimae fidei
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 277 U.S. 311 - Stipcich v. Metropolitan Life Insurance · 1928Most cited · 837 citing opinions
Insurance policies are traditionally contracts uberrimae fidei and a failure by the insured to disclose conditions affecting the risk, of which he is aware, makes the contract voidable at the insurer's option.
How often courts cite the cases defining “uberrimae fidei”
Court decisions citing the 2 opinions that defined “uberrimae fidei” — 1,046 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1828–1928
- 1828·26 U.S. 170 - James McLanahan Wilhelmus Bogart and John Joseph Coiron v. The Universal Insurance Company[p132]· cited 209×ORIGINAL
The contract of insurance has been said to be a contract uberrimae fidei, and the principles which govern it, are those of an enlightened moral policy. The underwriter must be presumed to act upon the belief, that the party procuring insurance, is not, at the time, in possession of any facts, material to the risk which he does not disclose; and that no known loss had occurred, which by reasonable diligence might have been communicated to him.
insurance