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A new contract?

15 November 2007 / Lea Brocklebank
Issue: 7297 / Categories: Features , Insurance / reinsurance
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Lea Brocklebank considers how Law Commission proposals could affect insurance contract law

T he joint consultation paper issued by the Law Commission and the Scottish Law Commission on insurance contract law invited responses by 16 November 2007. The consultation paper, Contract Law: Misrepresentation, Non-disclosure and Breach of Warranty by the Insured, proposes different reforms for consumer insurance and business insurance with a default regime for business insurance contracts based on accepted good practice which would apply in the absence of an agreement to the contrary.

For consumers, the proposals include: replacing the insured’s duty to disclose information with a duty to answer questions honestly and reasonably; introducing a test for materiality based on the “reasonable insured” rather than the “prudent insurer”; the introduction of new remedies that would be proportionate to the situation; and a change in the remedies for innocent and negligent representation.

In relation to the consumer’s duty to volunteer information to the insurer about anything that would influence a prudent underwriter’s assessment of the risk, the proposals replace this so that

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Kingsley Napley—Claire Green

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
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