header-logo header-logo

Archaic, unclear & unfair?

03 July 2009 / Peter J Tyldesley
Issue: 7376 / Categories: Features , Insurance / reinsurance
printer mail-detail

Part one: Consumer insurance law reform is long overdue, says Peter J Tyldesley

Later this year the English and Scottish Law Commissions will publish a joint final report on consumer insurance law. This is the culmination of a four-year project to review an area of law which is widely regarded as archaic, unclear and unfair. It is anticipated that the report will recommend reform of the rules on non‑disclosure, misrepresentation and breach of warranty.

The critical flaw in insurance law is that it provides insurers with remedies which in many circumstances will be disproportionate. Much of the current law was established in commercial cases in the 18th and 19th centuries. At that time there was no mass market for insurance. Types of cover commonly bought by consumers today, such as household and motor insurance, simply did not exist. Insurance was typically arranged face-to-face rather than by telephone or over the internet. It is perhaps not surprising that unjust results are produced when old commercial rules are applied to modern consumer insurance contracts.

Take,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

Morr & Co—Dennis Phillips

Morr & Co—Dennis Phillips

International private client team appoints expert in Spanish law

NLJ Career Profile: Stefan Borson, McCarthy Denning

NLJ Career Profile: Stefan Borson, McCarthy Denning

Stefan Borson, football finance expert head of sport at McCarthy Denning, discusses returning to the law digging into the stories behind the scenes

NEWS
Michael Zander KC, emeritus professor at LSE, revisits his long-forgotten Crown Court Study (1993), which surveyed 22,000 participants across 3,000 cases, in the first of a two-part series for NLJ
Getty Images v Stability AI Ltd [2025] EWHC 2863 (Ch) was a landmark test of how UK law applies to AI training—but does it leave key questions unanswered, asks Emma Kennaugh-Gallagher of Mewburn Ellis in NLJ this week
Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
back-to-top-scroll