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- Title
'That wicked rule, that evil doctrine ... ': Reforming the Law on Disclosure in Insurance Contracts.
- Authors
Lowry, John; Rawlings, Philip
- Abstract
The Consumer Insurance (Disclosure and Representations) Act 2012, which abolishes the consumer assured's duty to volunteer information, heralds the first successful outcome of the English and Scottish Law Commissions current insurance contract law reform project. This paper outlines the defects of the common law duty of disclosure which the Law Commissions sought to address. It goes on to consider why previous legislative attempts failed, the self-regulatory measures introduced by the insurance industry as a means of resisting earlier pressure for statutory intervention, and how that resistance broke down. Finally, it examines the scope of the 2012 reforms and the current consultation being undertaken in respect of the duty of disclosure in relation to business insurance. It concludes by assessing the significance of the statute in providing a necessary impetus for future insurance law reforms.
- Subjects
UNITED Kingdom; INSURANCE policies; DISCLOSURE laws; LAW reform; CONSUMER law; FEDERAL laws; LEGAL status of consumers; COMMON law
- Publication
Modern Law Review, 2012, Vol 75, Issue 6, p1099
- ISSN
0026-7961
- Publication type
Article
- DOI
10.1111/j.1468-2230.2012.00937.x