A study of insurance contracts within the legal context of a small island influenced by the commonwealth, the European union and the Mediterranean : the case of utmost good faith and insurable interest

Abstract

Insurance in Malta has been very largely influenced by English practice and law. The influence of the English market insurance practice and law not only shaped the Maltese market but practically that of all common law jurisdictions in former members of the British empire. Since the London insurance market continues to be a very dominant force globally until today, the connection has undoubtedly served Malta well. The origins of UK insurance principles of utmost good faith and insurable interest under contract law, date back to times which were very different from today and the need to revise the laws has now been felt in the UK as well as in other jurisdictions which were influenced by its law and practice. In Malta, minimal legislative intervention and the Maltese courts were and continue to be mostly guided by English case law, some of which has now been superseded by the updated statute law which was recently introduced in the UK by virtue of the Consumer Insurance (Disclosure and Representations) Act (2012) and Insurance Act (2015). We herein lay out a case study of the development of utmost good faith and insurable interest in insurance contracts within the Maltese legal context, based on empirical literature findings and semi-structured interviews together with several legal experts who are specialized in the field and experienced insurance professionals.