DOCSLIB.ORG

Insurance Contracts CP

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Insurance Contracts CP CONSULTATION PAPER INSURANCE CONTRACTS (LRC CP 65 - 2011) © COPYRIGHT Law Reform Commission FIRST PUBLISHED December 2011 ISSN 1393-3140 LAW REFORM COMMISSION‘S ROLE The Law Reform Commission is an independent statutory body established by the Law Reform Commission Act 1975. The Commission‘s principal role is to keep the law under review and to make proposals for reform, in particular by recommending the enactment of legislation to clarify and modernise the law. Since it was established, the Commission has published over 160 documents (Consultation Papers and Reports) containing proposals for law reform and these are all available at www.lawreform.ie. Most of these proposals have led to reforming legislation. The Commission‘s law reform role is carried out primarily under a Programme of Law Reform. Its Third Programme of Law Reform 2008-2014 was prepared by the Commission following broad consultation and discussion. In accordance with the 1975 Act, it was approved by the Government in December 2007 and placed before both Houses of the Oireachtas. The Commission also works on specific matters referred to it by the Attorney General under the 1975 Act. The Commission‘s role also involves making legislation more accessible through three other related areas of activity, Statute Law Restatement, the Legislation Directory and the Classified List of Legislation in Ireland. Statute Law Restatement involves the administrative consolidation of all amendments to an Act into a single text, making legislation more accessible. Under the Statute Law (Restatement) Act 2002, where this text is certified by the Attorney General it can be relied on as evidence of the law in question. The Legislation Directory - previously called the Chronological Tables of the Statutes - is a searchable annotated guide to legislative changes. The Classified List of Legislation in Ireland is a list of all Acts of the Oireachtas that remain in force, organised under 36 major subject-matter headings. ii MEMBERSHIP The Law Reform Commission consists of a President, one full-time Commissioner and three part-time Commissioners. The Commissioners at present are: President: Vacant at the time of going to print (December 2011) Full-time Commissioner: Patricia T. Rickard-Clarke, Solicitor Part-time Commissioner: Professor Finbarr McAuley Part-time Commissioner: Marian Shanley, Solicitor Part-time Commissioner: The Hon Mr Justice Donal O‘Donnell, Judge of the Supreme Court iii LAW REFORM RESEARCH STAFF Director of Research: Raymond Byrne BCL, LLM (NUI), Barrister-at-Law Legal Researchers: Kate Clancy, LLB (Hons) (TCD) Conor Cunningham BCL (Clinical) (NUI), LLM (UCL) Dannie Hanna BCL (NUI), LLM (Cantab) Donna Lyons LLB (Dub), LLM (NYU), Attorney at Law (NY) Tara Murphy BCL (Law with French Law) (NUI), LLM (Essex), Barrister-at-Law Máire Reidy BCL (NUI), LLM (NUI), Barrister-at-Law STATUTE LAW RESTATEMENT Project Manager for Restatement: Alma Clissmann, BA (Mod), LLB, Dip Eur Law (Bruges), Solicitor Legal Researcher: Elaine Cahill, BBLS, LLM Eur Law (NUI), Dipl. IP & IT, Solicitor LEGISLATION DIRECTORY Project Manager for Legislation Directory: Heather Mahon LLB (ling. Ger.), M.Litt, Barrister-at-Law Legal Researchers: Aoife Clarke BA (Int.), LLB, LLM (NUI) Barbara Brown BA (Int.), LLB, Attorney-at-Law (NY) Rachel Kemp BCL (Law and German) LLM (NUI) Aileen O‘Leary BCL, LLM, AITI, Solicitor iv ADMINISTRATION STAFF Head of Administration and Development: Ciara Carberry Executive Officer: Ann Byrne Legal Information Manager: Conor Kennedy BA, H Dip LIS Cataloguer: Eithne Boland BA (Hons), HDip Ed, HDip LIS, LLB Clerical Officers: Ann Browne Liam Dargan PRINCIPAL LEGAL RESEARCHERS FOR THIS CONSULTATION PAPER Prof Robert Clark Conor Cunningham BCL (Clinical) (NUI), LLM (UCL) Gerard Sadlier BCL (NUI) (Oxon), LLM (NUI) v CONTACT DETAILS Further information can be obtained from: Law Reform Commission 35-39 Shelbourne Road Ballsbridge Dublin 4 Telephone: +353 1 637 7600 Fax: +353 1 637 7601 Email: [email protected] Website: www.lawreform.ie vi ACKNOWLEDGEMENTS The Commission would like to thank the following people who provided valuable assistance: Elizabeth Bothwell, Arthur Cox, Solicitors Roddy Bourke, Solicitor, McCann FitzGerald, Solicitors Gary Davis, Deputy Data Protection Commissioner David Hertzell, Solicitor, Commissioner, Law Commission of England and Wales Joe Meade, former Financial Services Ombudsman Joseph Morley, Central Bank of Ireland Kevin Murphy, National Consumer Agency Deirdre Norris, Central Bank of Ireland Adrian O’Brien, Central Bank of Ireland Eamon Shackleton, Insurance Institute of Ireland Christina Sparks, Solicitor, Law Commission of England and Wales Full responsibility for this publication lies, however, with the Commission. vii viii TABLE OF CONTENTS Table of Key Legislation xv Table of Key Cases xvii INTRODUCTION 1 A Background: Insurance Contract Law 1 B Insurance Contract Law: Some Key Common Law Principles 1 C Insurance Contract Law: pre-1922 Legislation 1 D Regulation and Supervision of Insurance: pre-1922 Legislation 2 E Regulation and Supervision of Insurance during the 20th Century 2 F Regulation and Supervision of Insurance: the EU influence 2 G Statutory Regulation of Insurance Contracts 3 H Regulation and Oversight by the Financial Regulator and the Financial Services Ombudsman (FSO) 3 I The development of Principles of European Insurance Contract Law (PEICL) 4 J The Commission‘s General Approach in this Consultation Paper 4 A Outline of Consultation Paper 5 CHAPTER 1 REGULATORY CONTEXT 9 A Introduction 9 B Overlapping regulation of Irish insurance contract law and commercial practices 9 (1) Regulatory overlaps – financial services legislation 9 (2) Regulatory Overlaps – Competition Law 9 (3) Regulatory Overlaps - Equality Legislation 10 (4) Regulatory Overlaps - The Data Protection Commissioner 11 (5) Regulatory Overlaps – Consumer Protection Agencies 13 (6) Financial Services and consumers 14 (7) The Jurisdiction of the Financial Services Ombudsman 14 (8) Merger of the Industry ADR Scheme with the Statutory Model 15 C European Union Initiatives on Insurance Regulation 17 (1) Single Market for Insurance 17 (2) Adverse comments on the proposed insurance contracts directive – the Law Commission for England and Wales 18 (3) Recent European Developments 18 (4) The Restatement of European Insurance Contract Law – The Project Group 20 D New Legal Norms and forms of Dispute Resolution 22 (1) The adjudications of the Insurance Ombudsman 1992-1998 22 (2) Decisions of the Financial Services Ombudsman 24 (3) The failure to legislate 24 ix E The need for contract law reform 25 (1) Sources of new rules 25 (2) Reform Proposals in the United Kingdom – support for legislative changes 26 (3) The Financial Regulator – consumer protection code 27 F Conclusions and Provisional Recommendations 27 CHAPTER 2 INSURABLE INTEREST 29 A Introduction 29 B The emergence of the insurable interest requirement 31 C Modern development of insurance interest and factual expectation in other jurisdictions 35 (1) Canada, Australia, the USA and South Africa 35 (2) The current British debate on Insurable interest 38 (3) Conclusions on the Bitish debate 40 D The insurable interest test in Irish Law 43 E Conclusion on the insurable interest test 45 F Insurable interest in Life Policies – common law and statute law 45 G Should a remodelled section 1 of the Life Assurance Act 1774 be re-enacted as a formalities provision? 47 (1) Natural Love and Affection 47 (2) A potential financial loss recognised by law which existed at the time of contracting 48 (3) Statutory obligations 48 (4) The Miscellaneous Category 49 (5) The limits of natural love and affection 49 (6) Debtors and creditors 52 (7) Property insurance 52 (8) Valuation Difficulties 53 H Reforming the insurable interest requirement in Ireland 54 (1) Proposals for Reform – A Broad or Narrow Approach? 55 (2) Non Indemnity Insurance and the Insurable Interest 56 (3) Moral hazard/deterrence 56 (4) Pleas of illegality 58 (5) Options for reform under the Law Commissions Issues Paper – the regulatory definition question 59 (6) Defining Insurance Contracts in Irish Law 60 (7) The insurance/gaming divide – current review of gambling legislation 60 CHAPTER 3 DUTY OF DISCLOSURE 63 A Introduction 63 B The Duty of Disclosure in Insurance Contracts 63 C Constructive Knowledge and Non-disclosure 67 D Materiality and Inducement 70 (1) Materiality: decisive influence or ―what the insurer would like to know‖ 71 (2) Examples of the Duty of Disclosure in Operation 72 E What the Proposer does not have to disclose 74 (1) Knowledge 74 (2) Factors reducing the risk 76 x (3) Factors covered by any warranty 76 (4) Waiver 76 (5) The IIF Life Assurance Code of Practice and Ombudsman Adjudications on Non disclosure 78 (6) Non-Disclosure – the 1957 Reform Proposals in England and Wales 81 (7) The English Law Commission‘s 1979 Working Paper 81 (8) The English Law Commission‘s 1980 Report 83 (9) The general duty of disclosure in the 1980 Report 83 (10)Australia 85 (11)New Zealand 85 (12)The Principles of European Insurance Contract Law (PEICL) 86 (13)British Consumer Insurance (Disclosure and Representations) Bill 2011 87 F General Conclusions 88 CHAPTER 4 PRE-CONTRACTUAL MISREPRESENTATION AND INSURANCE CONTRACTS 91 A Introduction 91 B Judicial approaches to limiting actionable misrepresentation 92 (1) ―Reading down‖ the statement 92 (2) Honest belief 92 (3) Agent liability 92 (4) Ambiguous questions 92 (5) Interpretation of Ambiguous Answers 94 (6)
Load more

Recommended publications
  • Gaming Act 1968 CHAPTER 65
    Gaming Act 1968 CHAPTER 65 ARRANGEMENT OF SECTIONS PART I GAMING ELSEWHERE THAN ON PREMISES LICENSED OR REGISTERED UNDER PART II of THIS ACT Section 1. Gaming to which Part I applies. 2. Nature of game. 3. No charge for taking part in gaming. 4. No levy on stakes or winnings. 5. Gaming in public places. 6. General provisions as to gaming on premises licensed for retail sale of liquor. 7. Special provisions as to persons under 18. 8. Offences under Part I. PART II GAMING ON PREMISES LICENSED OR REGISTERED UNDER THLS PART OF THIS ACT 9. Gaming to which Part II applies. 10. Gaming Board for Great Britain. 11. Provisions as to licensing and registration. 1.2. Who may participate in gaming to which Part II applies. 13. Restrictions on games to be played. 14. Charges for taking part in gaming. 15. Levy on stakes or winnings. 16. Provision of credit for gaming. 17. Exclusion of persons under 18. 18. Gaming on Sundays. 19. Approval by Board of certain persons connected with gaming. 20. Special provisions as to bingo clubs. 21. Special provisions as to gaming for prizes. 22. Further powers to regulate licensed club premises. 23. Offences under Part II. 24. Power of court to make disqualification order on conviction of certain offences. 25. Supplementary provisions as to disqualification orders. A ii CH. 65 Gaming Act 1968 PART III GAMING BY MEANS OF MACHINES Introductory Section 26. Scope of Part III. Sale, supply and maintenance of machines 27. General restrictions. 28. Restrictions as to terms and conditions.
    [Show full text]
  • The History of the Law of Gaming in Canada
    University of Calgary PRISM: University of Calgary's Digital Repository Alberta Gambling Research Institute Alberta Gambling Research Institute 1983 The history of the law of gaming in Canada Robinson, Ronald G. Royal Canadian Mounted Police (RCMP) http://hdl.handle.net/1880/1477 Other http://creativecommons.org/licenses/by-nc-nd/2.0/ Attribution Non-Commercial No Derivatives 2.0 Downloaded from PRISM: https://prism.ucalgary.ca h r Sgt. R.G. (Ron) Robinson R.C.M.P. Gaming Specialist THE HISTORY OF THE LAW OF GAMING IN CANADA THE OPINIONS EXPRESSED IN THIS PAPER ARE THOSE OF THE AUTHOR AND NOT NECESSARILY THOSE OF THE ROYAL CANADIAN MOUNTED POLICE NOR OTHER MEMBERS OF THE ROYAL CANADIAN MOUNTED POLICE, NATIONAL GAMING SECTION. COPYRIGHT 1983 RONALD GEORGE ROBINSON ALL SIGHTS RESERVED. NO PART OF THIS PAPER MAY HE REPRODUCED-, STORED IH A RETRIEVAL SYSTEM, OR TRANSMITTED, IN ANY FORM, OR 3Y ANY MEANS, ELECTRONIC, MECHANICAL, PHOTOCOPYING, RECORDING OR OTHERWISE, WITHOUT THE PRIOR PERMISSION OF THE AUTHOR. - 2RISTSD AND BOUND IN CANADA. - - THE HISTORY OF THE LAW OF GAMING IN CANADA SAMING SPECIALIST FIELD UNDERSTUDY PROGRAM ROYAL CANADIAN MOUNTED POLICE RESEARCH PAPER NO.l SUBMITTED BY; RONALD G. ROBINSON, SGT. UNDERSTUDY NATIONAL GAMING SECTION R.C.M. POLICE EDMONTON, ALBERTA TABLE OF CONTENTS PAGE ABSTRACT ....................................................... (i) CHAPTER ONE ENGLISH GAMING LEGISLATION AMD ITS EFFECT ON THE CANADIAN EXPERIENCE ...~................................................ 1 EFFECT OF ENGLISH GAMING LAWS ON CANADA ........................ 16 CHAPTER THO FACTORS MOTIVATING THE PASSING OF GAMING LAWS IN ENGLAND AND THEIR EFFECT ................................................. 28 CHAPTER THREE CANADIAN GAMING LEGISLATION - THE FORt'ATIVE YEARS .............. 37 CANADIAN GAMING LEGISLATION - COMING OF AGE ...................
    [Show full text]
  • Conclusion and Form of the Contract Austria Bulgaria Croatia
    Conclusion and form of the contract1 Austria § 3 VersVG: - Insurer must transmit insurance certificate to insured on paper or electronically. - Copy of genuine signature sufficient. Bulgaria There is a general reference to the Contracts and Obligations Act and the Commercial Act as to the conclusion of contracts, offer and acceptance and other general civil/commercial law rules. Art.184 Code for the Insurance: An insurance contract shall be concluded in writing in the form of an insurance policy or of another written act. The written proposal or request addressed to the insurer concerning the conclusion of an insurance contract or written replies of the insured to queries made by the insurer with regard to circumstances of importance to assessing the nature and amount of risk, shall form an integral part of the insurance contract. The written form is deemed observed in cases where the contract has been drawn up in the form of an electronic document. The insurance contract may also be concluded through the means of long distance communication if this has been provided for by law. Art.261, para.1 Code for the Insurance: Compulsory third party motor insurance contract has the form of an insurance policy and a mark issued by the Guarantee fund. The insurance policy is a special form printed in accordance with the procedure for printing securities. Croatia Pursuant to Article 925 of the Civil Obligations Act the insurance contract shall be concluded only when the application concerning the insurance has been accepted. The contract shall be concluded by consensus of both parties, and after the conclusion of the insurance contract, the insurer shall immediately provide the policyholder with a clearly written up and signed insurance policy or any other document relating to insurance (covering note, etc.) Only exceptionally a written form of the insurance contract is required, since the contract shall be considered concluded when signed by the insurer and the policyholder.
    [Show full text]
  • The Police Code
    THE POLICE CODE AND GENERAL MANUAL OF THE CRIMINAL LAW BY SIR HOWARD VINCENT, K.C.M.G., C.B. FIFTEENTH EDITION. 1912 • Title pages, Advertising, Preface and Introduction • An Address to Police Constables on their Duties by The Late Right Hon. Lord Brampton • Police Code • Appendices • Index e-text notes: This book was originally used by London's Metropolitan Police Force, adopted by police forces throughout the United Kingdom, and subsequently adapted for the use of police forces in other Commonwealth nations. It is my belief that all European copyright in the original text has expired; however, the heirs of the late F. T. Bigham may still own copyright in the revisions he made for this edition. I have been unable to contact them, but would be grateful if they could let me know if there is any objection to continued free publication of this work. This volume did not originally have a table of contents, except at the start of the appendices. The main Police Code section is organized alphabetically; embedded links in the code correspond to the page numbers of the book, and are used as links from the Index and from many of the entries. For convenience I have added links to the first page for each letter at the beginning and end of this section. It should be obvious that this is NOT a reliable guide to current British law and police procedures; there have been many changes since this edition was originally published, not least in the degree of responsibility expected of constables. It's most useful as a snapshot view of law enforcement a century ago, which may be helpful to anyone reading or writing about this period, or as a starting point for finding the specifics of a later period.
    [Show full text]
  • Hock Beng Lee the English Courts' View of Financial Derivatives
    Hock Beng Lee The English courts’ view of financial derivatives Faculty of Law Victoria University of Wellington Laws 524 2016 1 The English courts’ view of financial derivatives Table of Contents I Introduction 3 II Derivatives 4 A What are they? 4 B Purpose 4 C Impact of derivatives 5 III Wagering, Gaming Act and Financial Services Act 6 A Wagering and Contracts for differences 6 B Gaming Act 7 C Financial Services Act 1986 and subsequent legislations 8 IV Derivatives Cases 8 A Cases on the nature of derivatives 9 B Cases which engaged the FSA 15 C Cases which determined the status of ISDA Master Agreement 19 D A summary and discussion of the cases 22 1 The legal nature of derivatives 22 2 The relationship of parties 25 3 ISDA Mater Agreements, UCTA and Misrepresentation Act 25 V Hudson’s criticism 25 VI Could derivatives be wagering? 28 VII Conclusion 33 VIII Bibliography 34 2 I Introduction In 1997 the International Swaps and Derivatives Association (ISDA) sought legal opinion from an English barrister, Robin Potts QC, on whether a financial transaction known as credit default swap (CDS) was likened to be an insurance or wager1. His opinion was it is neither insurance nor wager. The concern of ISDA is telling as it bespeaks the ambiguity of the purpose of CDS and derivative transactions in general - whether they are designed for hedging or speculation. But the predominant concern is their speculative nature. If their sole purpose is for speculation, they are opened to the charge that their purpose is wagering.
    [Show full text]
  • The Legal Status of Lottery Schemes in Canada
    THE LEGAL STATUS OF LOTTERY SCHEMES IN CANADA: CHANGING THE RULES OF THE GAME By JUDITH ANNE OSBORNE LL.B., The University of Edinburgh, 1977 M.A., The University of Toronto, 1978 A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF LAWS in THE FACULTY OF GRADUATE STUDIES (Faculty of Law) We accept this thesis as conforming to the required standard Professor Michael A. Jackson Professor Dennis J. Pavlich THE UNIVERSITY OF BRITISH COLUMBIA August 1989 (c) Judith A. Osborne, 1989 In presenting this thesis in partial fulfilment of the requirements for an advanced degree at the University of British Columbia, I agree that the Library shall make it freely available for reference and study. I further agree that permission for extensive copying of this thesis for scholarly purposes may be granted by the head of my department or by his or her representatives. It is understood that copying or publication of this thesis for financial gain shall not be allowed without my written permission. Department of Q^p^ <^ Ql(=3 jL^&JA The University of British Columbia Vancouver, Canada Date 3gT)ftf/33- DE-6 (2/88) ABSTRACT The term "lottery scheme" is a generic one used in the Criminal Code of Canada to encompass both true lotteries and other games of chance. Until 1969, the Criminal Code prohibited such gambling activities, with the exception of very small scale, occasional and private lottery schemes run for charitable purposes, and lottery schemes operated at agricultural fairs. This criminal prohibition was a longstanding one which had existed in Canada since before Confederation.
    [Show full text]
  • Betting on Bowlers: This Just Isn't Cricket
    Denver Journal of International Law & Policy Volume 43 Number 1 Article 5 April 2020 Betting on Bowlers: This Just Isn't Cricket Erin Gardner Schenk Follow this and additional works at: https://digitalcommons.du.edu/djilp Recommended Citation Erin Gardner Schenk, Betting on Bowlers: This Just Isn't Cricket, 43 Denv. J. Int'l L. & Pol'y 91 (2014). This Article is brought to you for free and open access by Digital Commons @ DU. It has been accepted for inclusion in Denver Journal of International Law & Policy by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. BETTING ON BOWLERS: THIS JUST ISN'T CRICKET Erin GardnerSchenk* I. INTRODUCTION Traditionally, the idiom, "this just isn't cricket," refers to something awry or dishonorable.' The expression derives from the strict code of sportsmanship that gave cricket the badge of being the "gentlemen's sport." However, stemming from the increasingly immense popularity of Indian cricket throughout the last century, sports betting-an illegal pastime under India's gambling laws-has also become a huge industry. 2 Because punters3 often wager enormous sums of money, corruption within the sport of cricket, in the forms of match-fixing and spot- fixing,4 has become increasingly problematic.5 In response to this corruption, many Indians advocate for the legalization of gambling, including sports betting, arguing that legalization would remove the incentive to bet on the black market * Erin Gardner Schenk (J.D., 2014, University of Denver; B.B.A., 2005, University of Oklahoma) is grateful for the endowment of the Honorable Leonard v.B.
    [Show full text]
  • Insurance Contract Law: Post Contract Duties and Other Issues
    The Law Commission Consultation Paper No 201 and The Scottish Law Commission Discussion Paper No 152 INSURANCE CONTRACT LAW: POST CONTRACT DUTIES AND OTHER ISSUES A Joint Consultation Paper This is the second consultation paper in the joint insurance law project ii THE LAW COMMISSIONS: HOW WE CONSULT About the Commissions: The Law Commission and the Scottish Law Commission were set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Rt Hon Lord Justice Munby (Chairman), Professor Elizabeth Cooke, Mr David Hertzell, Professor David Ormerod and Frances Patterson QC. The Acting Chief Executive is John Saunders. The Scottish Law Commissioners are: The Honourable Lord Drummond Young (Chairman), Laura J Dunlop QC, Patrick Layden QC TD, Professor Hector L MacQueen and Dr Andrew J M Steven. The Chief Executive is Malcolm McMillan. Topic: This Consultation covers four areas of insurance contract law: damages for late payment; insurers’ remedies for fraudulent claims; insurable interest; and policies and premiums in marine insurance. Geographical scope: England and Wales, Scotland. An impact assessment is available on our websites, and is summarised in Part 21. Previous engagement: Our first consultation, in 2007, considered Misrepresentation, Non- Disclosure and Breach of Warranty. Subsequently we published five Issues Papers on the subjects covered by this consultation. They are to be found on our websites, together with summaries of the responses we have received (and other insurance project documents). Duration of the consultation: 20 December 2011 to 20 March 2012. How to respond Send your responses either – By email to: [email protected] or By post to: Christina Sparks, Law Commission, Steel House, 11 Tothill Street, London SW1H 9LJ Tel: 020 3334 0285 / Fax: 020 3334 0201 If you send your comments by post, it would be helpful if, where possible, you also sent them to us electronically (in any commonly used format).
    [Show full text]
  • Insurance Contract Law: a Joint Scoping Paper
    The Law Commission and The Scottish Law Commission INSURANCE CONTRACT LAW A Joint Scoping Paper The Law Commission and the Scottish Law Commission were set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Honourable Mr Justice Toulson, Chairman Professor Hugh Beale QC, FBA Stuart Bridge Dr Jeremy Horder Professor Martin Partington1 CBE Kenneth Parker2 QC The Chief Executive of the Law Commission is Steve Humphreys and the offices are at Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ. The Scottish Law Commissioners are: The Honourable Lord Eassie, Chairman Professor Gerard Maher QC Professor Joseph Thomson Colin Tyre QC The Chief Executive of the Scottish Law Commission is Michael Lugton and the offices are at 140 Causewayside, Edinburgh EH9 1PR. The terms of this scoping paper were agreed on 21 December 2005 by the Scottish Law Commissioners and by the Commercial and Common Law Team of the English Law Commission. The closing date for responses is 19 April 2006. A response form can be found in Part 4 of the scoping paper, or may be downloaded from: http://www.lawcom.gov.uk/insurance_contract.htm Completed forms and other correspondence may be sent By post to: Peter Tyldesley Law Commission Conquest House 37-38 John Street Theobalds Road London WC1N 2BQ By email to: [email protected] Tel: 020-7453-1201 It would be helpful if, where possible, comments sent by post could also be sent on disk, or by email to the above address, in any commonly used format.
    [Show full text]
  • Updated Draft Insurable Interest Bill for Review
    The Law Commission and Scottish Law Commission Reforming insurance contract law Updated draft Insurable Interest bill for review June 2018 ABOUT THIS DOCUMENT We are publishing an updated draft Bill to allow stakeholders an opportunity to consider whether the drafting achieves the stated policy aims. The draft Bill, together with a paper on the current law, is available separately. This document seeks to explain the draft Bill in its current form. We ask stakeholders for their views on the draft and about the potential impact of our proposed reforms. We welcome comments on this draft Bill by Friday 14 September 2018, by email to: [email protected] Privacy Notice Under the General Data Protection Regulations (May 2018), the Law Commissions must state the lawful bases for processing personal data. The Commissions have a statutory function, stated in the 1965 Act, to receive and consider any proposals for the reform of the law which may be made or referred to us. This need to consult widely requires us to process personal data in order for us to meet our statutory functions as well as to perform a task, namely reform of the law, which is in the public interest. We therefore rely on the following lawful bases: (c) Legal obligation: processing is necessary for compliance with a legal obligation to which the controller is subject (e) Public task: processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Law Commission projects are usually lengthy and often the same area of law will be considered on more than one occasion.
    [Show full text]
  • Cohabitation: the Financial Consequences of Relationship Breakdown
    The Law Commission (LAW COM No 307) COHABITATION: THE FINANCIAL CONSEQUENCES OF RELATIONSHIP BREAKDOWN Presented to the Parliament of the United Kingdom by the Lord Chancellor and Secretary of State for Justice by Command of Her Majesty July 2007 Cm 7182 £xx.xx The Law Commission was set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Honourable Mr Justice Etherton, Chairman Mr Stuart Bridge Mr David Hertzell1 Professor Jeremy Horder Mr Kenneth Parker QC The Chief Executive of the Law Commission is Mr Steve Humphreys. The Law Commission is located at Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ. The terms of this report were agreed on 3 July 2007. The text of this report is available on the Internet at: http://www.lawcom.gov.uk 1 Mr David Hertzell was appointed a Law Commissioner with effect from 1 July 2007, in succession to Professor Hugh Beale QC, FBA. The terms of this report were agreed on 3 July 2007. ii THE LAW COMMISSION COHABITATION: THE FINANCIAL CONSEQUENCES OF RELATIONSHIP BREAKDOWN TABLE OF CONTENTS PART 1 - INTRODUCTION 1 THIS REPORT 1 WHY IS THIS ISSUE IMPORTANT? 2 Demographic data and future projections 3 Public attitudes towards cohabitation 6 THE BACKGROUND TO THE PROJECT 6 TERMS OF REFERENCE 7 THE CONSULTATION PAPER 9 The Consultation Paper’s provisional proposals in outline 9 THE CONSULTATION PROCESS 10 RECENT DEVELOPMENTS 11 Recent decisions of the House of Lords 11 Recent research 12 Debate in Parliament and beyond 13 Child
    [Show full text]
  • Insurable Interest and Post Contractual Good Faith (Including Fraud and Damages for Late Payment of Claims)
    PART 1 INTRODUCTION BACKGROUND 1.1 The Law Commission and the Scottish Law Commission are conducting a joint review of insurance contract law. The aim is to ensure that the law balances the interests of insured and insurer, reflects the needs of modern insurance practice and allows both insured and insurer to know their rights and obligations. 1.2 The Commissions published the first of two consultation papers (covering misrepresentation, non-disclosure and breach of warranty by the insured) in July 2007. The second consultation paper will consider insurable interest and post contractual good faith (including fraud and damages for late payment of claims). As with our first consultation paper, we are publishing issues papers setting out our preliminary thinking on each of these topics before the main consultation paper is published. 1.3 This issues paper sets out our preliminary thinking on insurable interest. 1.4 The paper has not been approved by Commissioners. Its purpose is to promote discussion before the formal consultation process on insurable interest begins. The contents should not be quoted as representing the views of either Commission. 1.5 Our tentative proposals for reform and questions are listed within the text and are set out in full in Part 8. We seek views on our tentative proposals and questions by 11 April 2008 and would be grateful if responses could be sent: by email to [email protected]; or by post to: Elizabeth Waller, Law Commission, Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ (tel: 020 7453 1231); or by fax to: 020 7453 1297, marked for the attention of Elizabeth Waller.
    [Show full text]