header-logo header-logo

Ripe for Reform

Is the current UK insurance law out of step with the market? Kenneth McKenzie and Graham Ludlam consider possible areas of reform

The current law imposes heavy duties on those applying for insurance. If the duty is not met, the consequence can be that all insurance cover is lost. Insurance contracts are based on the principle of uberrimae fides, giving rise to duties on both the insurer and insured to act with the utmost good faith. The most common manifestation of the duty is the obligation on the insured to give full disclosure of all material facts and by representing only the true facts to the insurer at the time the proposal for the insurance contract is made. Whether this obligation has been met is currently judged by reference to the viewpoint of underwriters.

If the policyholder fails in this duty, and the insurer can show that, if the true position had been known, it would not have agreed to the policy on the same terms (or at all),

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

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll