PROSES UNDERWRITING
INSURANCE UNDERWRITING PROCESS Material Facts A. Principles of utmost good faith (itikad baik) A contract is an agreement between two parties is legally binding. For a contract to be legally binding, certain elements must be present such as: an offer an acceptance of the offer consideration With contracts in general, there is no duty on the contracting parties to provide information that has not been requested. The legal principle involved is known by a Latin term, caveat emptor, which translate as le be the buyer beware. It would certainly not be fair or just: there will be things known particularly by a person wanting insurance that are not known by a potential insurer and which, if they were known, may effect its decision to accept the risk or on what terms. It is because of this that the principle of caveat emptor does not apply in an insurance contract. In its place is a duty of the utmost good faith (known in Latin as uberrima fides) Essentially, this duty means tha...