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Insurance contract law reform – new consultation on business insurance

The Law Commission are conducting a limited consultation on the first available draft clauses from the Insurance Contracts Bill.

The draft clauses and accompanying notes.

The draft clauses cover:

  • fair presentation (disclosure and representations) in business insurance contracts;

  • damages for late payment of claims;

  • insurers’ remedies for fraudulent claims; and

  • good faith.

The Law Commission are still working on clauses dealing with:

  • warranties; and

  • contracting out - the Commission are proposing a mandatory regime for consumer insurance, but only default provisions for business insurance.

The purpose of this consultation is not to discuss the actual form of words that appear in the draft rather, whether the current wording meets the Commission’s policy objectives as set out in their consultation papers.

The closing date for this limited consultation is 21 February 2014. Responses should be emailed to: commercialandcommon@lawcommission.gsi.gov.uk 


For further information on this please contact Fiona James, Director, Professional Support Lawyer on 0191 233 5220 or Marcus Davies, Professional Support Executive on 0161 603 5146

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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.