Utmost Good Faith (Uberrimae Fidei)

Utmost good faith is the foundational legal principle of insurance contracts. It requires both parties — the insurer and the policyholder — to deal honestly and disclose all material facts. Breach by the policyholder is the most common reason claims are declined or policies avoided.

Definition

Utmost good faith (Latin: uberrimae fidei) is a legal doctrine that requires parties to an insurance contract to act with complete honesty and to volunteer all information that could materially affect the other party's decision. It goes beyond ordinary contract law's requirement of good faith — it demands proactive disclosure, not just avoiding active fraud.

Insurance contracts are uniquely affected by information asymmetry: the insured knows far more about the risk being transferred (their health, their property's condition, their claims history) than the insurer does at the point of quotation. Utmost good faith addresses this by requiring the insured to bridge the information gap.

What the policyholder must disclose

Must be disclosed

  • Previous claims and incidents (whether claimed or not)
  • Criminal convictions (relevant to risk)
  • Medical history (health and life insurance)
  • Existing damage to insured property
  • Changes in use of insured property or vehicle
  • Co-habitants or additional drivers

Need not be disclosed

  • Facts the insurer already knows
  • Facts the insurer ought to know from general commercial knowledge
  • Facts that reduce the risk (beneficial to insurer)
  • Immaterial facts with no bearing on the risk assessment

Consequences of breach

Under the UK Insurance Act 2015, the consequences of non-disclosure are proportionate to what the insurer would have done with accurate information. The old "all or nothing" rule — where any non-disclosure allowed the insurer to avoid the entire policy — was replaced with a fairer system. But the practical outcome for significant non-disclosures remains serious: voided policies, declined claims, and repayment of claim proceeds already paid.

For the specific category of facts that must be disclosed, see material fact. For how this duty applies specifically at renewal and life events, see our guide on when to review your cover.

Utmost good faith FAQ

Frequently asked questions