An uberrimae fidei contract is a legal agreement, common to the insurance
industry, requiring the highest standard of good faith during disclosure of
all material facts that could influence the decision of the other party. A failure to adhere to uberrimae fidei is grounds for voiding the agreement. Uberrimae fidei is also known as utmost good faith and is simply the Latin translation of this phrase. Uberrimae fidei or "uberrima fides" literally means "utmost good faith" in Latin. It requires parties to certain contracts to exercise the highest standard of full disclosure of any relevant conditions, circumstances, or risks to their counterparties. Failing to disclose material facts that might influence the other party's decision when entering into a contract where uberrimae fidei applies can result in the contract being rendered null and void and the other party being released from any obligations under the contract.
Insurance contracts are the most common type of a uberrimae fidei
contract. Since the insurance company agrees to share the risk of loss with the policyholder, it is imperative that the policyholder act in good faith by fully disclosing all information that affects the insurance company's level of risk. Full disclosure allows the insurer to protect itself by charging the policyholder a premium that accurately reflects the level of risk it is undertaking or even refusing to issue a policy if the risk is too high.
Uberrimae fidei is seen as the foundation of a reinsurance contract. In
order to make reinsurance affordable, a reinsurer cannot duplicate costly processes, such as insurer underwriting and claim handling costs. They must rely on the primary insurer’s ability to complete these tasks adequately. In return, a reinsurer must appropriately investigate and reimburse an insurer’s good faith claim payments. Uberrimae fidei is considered an implied term in reinsurance contracts.