header-logo header-logo

Archaic, unclear & unfair?

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

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins hires two talented legal directors

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

NEWS
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
Material obtained through US discovery applications may have a much longer legal life than many litigants realise
English courts are developing a distinctly practical approach to sanctions disputes arising from Russia’s invasion of Ukraine
back-to-top-scroll