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Archaic, unclear & unfair

01 October 2009 / Peter J Tyldesley
Issue: 7387 / Categories: Features , Commercial
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Part 2: Peter J Tyldesley considers the proposals & prospects for consumer insurance law reform

In December 2009 the English and Scottish Law Commissions will publish a report recommending the reform of consumer insurance law.

The recommendations will be restricted to the pre-contractual provision of information by the consumer—that is non-disclosure or misrepresentation by the consumer and basis of the contract clauses. Appended to the report will be draft legislation, the Consumer Insurance (Disclosure andRepresentations) Bill.

Current law

Part 1 of this article considered the rules on non‑disclosure (see NLJ, 3 July 2009, p 961). Some of the criticisms of those rules apply equally to misrepresentation.

 If an insurer is induced to offer insurance cover by the misrepresentation of a material fact by a consumer it may, on becoming aware of the true position, avoid the policy and refuse to pay any claims.

As with non-disclosure, it is irrelevant whether the consumer acted fraudulently, negligently or entirely innocently. Nor does the insurer need to show a link between the misrepresentation and any

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