Business insurance. Personal attention.

Insurance, explained

Utmost good faith

Utmost good faith is an insurance-law principle requiring parties to act honestly and fairly in their dealings under the contract. Its application depends on the relevant legal framework and facts.

Business owner discussing insurance documents with an adviser
BAU Risk Services — insurance brokerage

01 / The meaning

What it means.

For Australian contracts governed by the Insurance Contracts Act, the principle concerns both insurer and insured; it is not merely a rule requiring customers to answer questions. It is also distinct from specific disclosure or misrepresentation duties. Accurate information, reasonable cooperation and fair consideration of a claim can be relevant, but a disagreement about coverage does not automatically prove a breach of good faith.

The principle does not replace the written policy or guarantee that a disputed loss must be paid. If conduct is questioned, identify what happened, when it happened and why it may be unfair, rather than relying only on the phrase. Keep a clear chronology of requests, responses and decisions. Raise concerns through the insurer’s complaints process and obtain appropriate advice where the dispute involves legal rights or significant consequences.

02 / Put it in context

A practical example.

Hypothetical example

Hypothetical example: a business receives repeated unexplained requests for documents it has already supplied. It provides a dated record, asks the insurer to explain the outstanding issues and raises a formal complaint if the concerns remain unresolved.

This example illustrates the term. It does not predict a claim outcome.

03 / Read the detail

What to check.

04 / Start a useful conversation

A question for your broker.

What specific conduct concerns us, and what evidence helps distinguish an ordinary coverage dispute from a good-faith issue?

Further reading

Read the source guidance alongside the relevant policy wording.

General information only. This does not take into account your objectives, financial situation or needs. Before acting, consider whether the information is appropriate for you. Cover is subject to insurer acceptance and the policy terms, conditions, limits and exclusions. Read the Financial Services Guide and the relevant PDS (where applicable) and/or policy wording before deciding.

Let’s start with your business

A clearer conversation
about your insurance.

Tell us what you do, what has changed and what you need to understand.