Document Type : Original Research Paper
Authors
Department of Private Law, Faculty of Literature and Humanities, Kharazmi University, Tehran, Iran
Abstract
In the course of concluding an insurance contract, good faith plays a tangible role in the obligations of the insurer. From a legal perspective, the insurer’s duty to observe good faith besides shedding light on the insurance contracts, would lead to increase his efficiency since the clarification of the insurer obligations and decreasing the number of lawsuits could satisfy the reasonable and rational expectations of the policyholder for acquiring an insurance policy and bringing the insurance contract to their own favorable point which is the necessity of protecting the insured and policyholder’s interests and the beneficiary. Although it is not possible to enumerate the number of obligations that the good faith imposes on the insurer and it differs in each case, the most important obligations that are imposed on the insurer by the good faith at the time of insurance contract conclusion include full disclosure, refusing to impose unfair conditions, clarifying the terms and conditions and providing the policyholder with a proposal form to discuss the matters. In case a dispute arises, breach of good faith by the insurer will also cause the insurance policy and its terms and conditions to be interpreted against him/her and in return, in favor of the policyholder or the beneficiary.
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