Insurance Contracts CP - Law Reform Commission

(10)Enforcement 149
CHAPTER 7 FORMALITIES 151
CHAPTER 8
A Introduction. 151
B Legislation, Case Law and Codes of Practice 151
(1) Limited legislative provisions 151
(2) Case law 152
(3) Self Regulation and Formalities 152
(4) EU law and Formalities 154
(5) EU Law – Cancellation Rights in relation to
Life Assurance Contracts concluded by a
Distance Contract 156
(6) Pre-Contractual Information and Formalities
in incentivising Best Practice Standards 156
(7) A General Duty to Provide Pre-Contractual
Information in PEICL 157
C Recommendations 158
(1) No written requirements 158
(2) The Provision of a Policy Document 159
(3) A Right of Withdrawal or Cooling Off Period 160
(4) The PEICL and Notices to be provided by and
to the Insurer 160
(5) How Information is to be provided 161
(6) Information on Renewal: Information upon
refusal of a proposal? 162
THE DUTY OF UTMOST GOOD FAITH - POST
CONTRACTUAL ASPECTS 163
A Introduction 163
B Rationale for the duty of utmost good faith 164
C Post contractual duty of good faith – the duty not
to make a fraudulent claim 167
D Non payment of a fraudulent claim, not avoidance
of the policy 168
E Other (contractual) remedies 169
F Effects of fraud 170
G Co-insurance and moral hazard 171
H Is there a duty in claims processing? 175
I Has an insurer a right to damages against the
insured? 178
J Claims handling: An Alternative Approach? 179
K Recommendation on the duty of utmost good faith 180
CHAPTER 9 THIRD PARTY RIGHTS 181
A Introduction 181
B The Problem in Context 182
C Third party recovery – What the Commission will
not address 183
(1) Road traffic legislation 183
(2) Employers Liability 183
D Exceptions to the Privity Rule 184
(1) Exceptions via judge-made law 184
E Insurable Interest and Privity 186
F Recommendations of the Commission in the
2008 Report 187
G Variation or cancellation of the Third Party Right? 188
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