The insured is compelled to reveal the exact nature and potential of the risks that he transfers to the insurer, which in my opinion, is fair in return for the compensation that he would receive in the event of something undesirable. The insurer also has to make sure that the potential contract fits the needs of, and benefits the assured. In the case of Carter v Boehm (1766), Lord Mandfield stated this
Insurance is a contract of speculation... The special facts, upon which the contingent chance is to be computed, lie most commonly in the knowledge of the insured only: the under-writer trusts to his representation, and proceeds upon confidence that he does not keep back any circumstances in his knowledge, to mislead the under-writer into a belief that the circumstance does not exist... Good faith forbids either party by concealing what he privately knows, to draw the other into a bargain from his ignorance of that fact, and his believing the contrary.
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