Utmost Good Faith

Voluntary Disclosure: An Appraisal of the Insured’s Precontractual Duty of Utmost Good Faith under the Nigerian Insurance Law

Nigerian legislatures should adequately respond to the harsh remedy of the one-size-fit-all remedy. It should consider the possibility of embracing the idea of a proportionate solution as provided in the new English reform. Such reform is desirable as it allows the courts greater flexibility to obtain fairer results. Adopting a proportionate remedy measured by the insured’s level of breach will mitigate the overly harsh application of the avoidance remedy while achieving a more equitable outcome for both parties.