Professor Hector MacQueen
Gillian Swanson, Project Manager
Thomas Watret, Legal Assistant
We are assisting the Law Commission for England and Wales with this project.
In summer 2014, we aim to publish a second report on insurance contract law. The topics covered will include damages for late payment, insurers’ remedies for fraud, the business insured’s duty of disclosure, the law of warranties, good faith and contracting out.
We would like to thank all those who took part in the recent limited consultations on draft clauses covering the following topics: fair presentation (disclosure and representations) in business insurance; damages for late payment of claims; insurers' remedies for fraudulent claims; good faith; warranties; insurers' remedies for fraudulent claims by members of group insurance schemes; and contracting out. The draft clauses and accompanying notes are available below for information.
In the longer term, the aim is to publish a third and final report before the end of 2014. It will set out the views of consultees on remaining issues such as policies and premiums in marine insurance.
The Consumer Insurance (Disclosure and Representations) Act 2012 came into force on 6 April 2013. It derives from the recommendations in our joint Report on Consumer Insurance Law: Pre-Contract Disclosure and Misrepresentation (Scot Law Com No 219) further details of which can be found on the completed project page. The Scottish Government gave their initial response to the Report in March 2010 and gave a further response following the successful passage of the Bill through the UK Parliament.
The project began in January 2006. The joint team issued a scoping paper, inviting views on which areas of insurance contract law were in need of reform. In the light of the responses received, a paper setting out the scope of the project was published. The first joint consultation paper, published in 2007, covered pre-contract issues in both consumer and business insurance but the emerging scale of the project led the Commissions to introduce a phased programme of work, dealing with pre-contract consumer and business issues separately.
Our first report on Consumer Insurance Law was laid before Parliament in December 2009 and the Consumer Insurance (Disclosure and Representations) Bill was introduced in the House of Lords under the Special Bills Procedure in May 2011. The Bill, now the Consumer Insurance (Disclosure and Representations) Act 2012, received Royal Assent on 8 March 2012 and, as stated above, came into force on 6 April 2013.
The Law Commissions' second joint consultation paper (2011) covered post contractual issues: damages for late payment, fraudulent claims, insurable interest and policies and premiums in marine insurance. Our third joint consultation paper (2012) covered disclosure in business insurance and warranties. All of these papers, and other papers published in relation to the project, can be accessed by means of the links below.
Summary table of papers published so far:
If you require any further information on the Insurance Contract Law project, or if there are matters you wish to raise, please email: firstname.lastname@example.org.
If you would like to be kept informed of future publications and events we should be happy to add you to our email mailing list on request.