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Insurance contract law reform update

In an article by the Law Commissioner David Hertzell and team lawyer Laura Burgoyne, the Law Commission has published a useful overview of the Law Commission and Scottish law Commission’s joint proposals for the reform of insurance contract law following the consultations undertaken.

 

Four areas of reform

It covers the four areas of reform which will be included in a new insurance contracts Bill:

  • the duty of disclosure in business insurance,

  • warranties,

  • damages for late payment of insurance claims and

  • insurers' remedies for fraudulent claims.

Next steps

The Commissions are preparing a final report with accompanying draft Bill, covering both their second and third joint consultation papers. It is hoped that a Bill following their recommendations could be published in early 2014 and introduced into the 2014/15 Parliamentary session via the Law Commission's special procedure for uncontroversial Bills.

Contact

For further information please contact Fiona James, Director, Professional Support Lawyer on 0191 233 5220

This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.

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