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01 October 2009 / Peter J Tyldesley
Issue: 7387 / Categories: Features , Commercial
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Archaic, unclear & unfair

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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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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