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Introduction

My colleagues have made important contributions on a myriad of issues relating to administrative law, public international law, employment law and intellectual property, contributions which cover a broad range of topics deepening our understanding of Caribbean law.

This chapter relates to insurance - specifically the operation of the fundamental doctrine of uberrimae fidei, or utmost good faith, as manifested in Caribbean jurisprudence.

In evaluating Caribbean jurisprudence, it must be acknowledged that the doctrine of uberrimae fidei today bears little resemblance to that contemplated in 1766.2 Today, over-refinement of the doctrine in the United Kingdom has filtered through to the Caribbean adding to its complexity and increasing the burden placed on the insured. Despite the oft-stated mutuality of the duty,[349] in reality, it is its imposition on the insured, rather than the insurer which has contributed to the volume of case law on point. Regional jurisprudence, while enlightening on the parameters of the duty of utmost good faith, must be assessed against the constant thread running throughout the discussion, namely, the pervasive tension between the insured and the insurer. Certainly in an environment devoid of statutory/self-regulatory assistance,[350] the common law assumes a larger significance, demanding further scrutiny. Overall, regional jurisprudence depicts a robust enthusiasm for the seminal House of Lords decision of Pan Atlantic Insurance Co Ltd v Pine Top Insurance Co Ltd.[351] [352] The danger with this however is that there is a tendency to neatly present this decision as the �solution’ and to ignore many of the underlying questions.

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Source: Berry David S.. Transitions in Caribbean Law: Law-Making, Constitutionalism and the Convergence of National and International Law. Ian Randle Publishers,2014. — 311 p.. 2014

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