Insurance Contracts CP - Law Reform Commission

CHAPTER 4
(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
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) Are questions asked presumed to be seeking
to identify material facts? 94
(7) Is a failure to answer questions
misrepresentation? 95
(8) Spent Convictions 97
C Misrepresentation – rescission as the primary
remedy 97
(1) Marine Insurance Act 1906 and
misrepresentation 98
(2) Limited reforms in Sale of Goods and Supply
of Services Act 1980 99
(3) Should the right to rescind be lost in cases
where the proposer makes a negligent
misrepresentation? 100
(4) Fraudulent Misrepresentation 103
(5) Misrepresentation – the Insurance
Ombudsman of Ireland Decisions 105
(6) Developments in the United Kingdom on
misrepresentation 106
(7) Innocent misrepresentation 108
CHAPTER 5 WARRANTIES 109
A Introduction 109
B Warranties in General 109
(1) Warranties and Representations 110
(2) Warranties – Matters of substance not form 111
(3) The warranty must be a term of contract. 111
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