Insurance Contracts CP - Law Reform Commission

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H Third Party Beneficiary – A definition? 189 I The Australian General Insurance Provision as a Model? 189 J The Australian Treasury Review and Section 48 190 K The Australian Insurance Contracts Amendment Bill 2010 – Breach of the Duty of Good Faith and Third Parties 191 CHAPTER 10 REMEDIES 195 A Introduction 195 B Compensatory Remedies – Proportionality 195 (2) The Irish Experience 197 C Compensatory Remedies – Building on the 1980 Act 201 D Compensatory Remedies – damages for late payment of a claim 203 E Non-Pecuniary Loss and Damages 206 F Exemplary Damages and the 2000 Report 210 G Subrogation – Public Policy Exceptions 211 (2) Limitations on Subrogation Rights 213 (3) The Queensland Report on Vicarious Liability 216 (4) Canada – Lister 217 (5) Reform of Lister in the United Kingdom 218 (6) Discussion and Recommendation 218 H Recasting Conditions and Warranties as Innominate Terms 218 CHAPTER 11 PROVISIONAL RECOMMENDATIONS 221 xiv
TABLE OF KEY LEGISLATION Assurance Companies Act 1909 9 Ed. 7 Ch.49 Irl Civil Liability Act 1961 No 41/1961 Irl Consumer Protection Act 2007 No 19/2007 Irl Disablity Act 2005 No 14/2005 Irl Employment Equality Act 1998 No 21/1998 Irl Equal Status Act 2000 No 8/2000 Irl Equality Act 2004 No 24/2004 Irl Friendly Societies Act 1896 59 & 60 Vic. c. 25 Eng Gaming Act 1845 8 & 9 Vict. c.109 Eng Gaming and Lotteries Act 1956 No 2/1956 Irl Industrial Assurance and Friendly Societies Act 1929 19 & 20 Geo Vic. 28 Eng Insurance Act 1936 No 45/1936 Irl Insurance Act 1989 No 3/1989 Irl Insurance Act 2000 No 42/2000 Irl Insurance Amendment Act 2009 SBC 2009 Chap 16 Can. BC Insurance Contracts Act 1984 No 80 of 1984 Aus Life Assurance Act 1774 14 Geo. 3 c.48 Eng Life Assurance Companies Act 1870 Life Insurance (Ireland) Act 1866 33 & 34 Vict. c.61 29 & 30 Vict. c.42 Irl Irl Marine Insurance Act 1906 c.41 Eng Misrepresentation Act 1967 c.7 Eng Road Traffic Act 1961 No 24/1961 Irl Sale of Goods Act 1893 56 & 57 Vict. C.71 Eng Sale of Goods and Supply of Services Act 1980 No 16/1980 Irl Unfair Contract Terms Directive 93/13/EC SI 27 of 1995 Irl xv
Page 1 and 2: CONSULTATION PAPER INSURANCE CONTRA
Page 3 and 4: MEMBERSHIP The Law Reform Commissio
Page 5 and 6: ADMINISTRATION STAFF Head of Admini
Page 7 and 8: ACKNOWLEDGEMENTS The Commission wou
Page 9 and 10: TABLE OF CONTENTS Table of Key Legi
Page 11 and 12: CHAPTER 4 (3) Factors covered by an
Page 13: (10)Enforcement 149 CHAPTER 7 FORMA
Page 18 and 19: Pg No. Economides v Commercial Unio
Page 20 and 21: Ireland Ltd Pg No. Roselodge Ltd v
Page 22 and 23: D Regulation and Supervision of Ins
Page 24 and 25: has been the Consumer Protection Co
Page 26 and 27: this definition would apply both to
Page 28 and 29: Commission provisionally recommends
Page 30 and 31: 2005 Final Report and Recommendatio
Page 32 and 33: in Coleman accords with data protec
Page 34 and 35: functions may in the future be merg
Page 36 and 37: estrictions on the ability of the O
Page 38 and 39: (2) Adverse comments on the propose
Page 40 and 41: harmonisation of insurance contract
Page 42 and 43: 1.49 Before leaving the general iss
Page 44 and 45: (2) Decisions of the Financial Serv
Page 46 and 47: uberrima fidei, regulatory requirem
Page 48 and 49: 1.68 The Commission provisionally r
Page 50 and 51: 2.03 In contrast, a non-indemnity
Page 52 and 53: CJ expressed the view that it made
Page 54 and 55: 2.18 In the House of Lords, Lord El
Page 56 and 57: Lord Eldon formulation, 45 overrule
Page 58 and 59: interest in respect of the property
Page 60 and 61: drawings themselves, Auld LJ and Si
Page 62 and 63: the judges to complicate the law by
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Insurance in the UK, Ireland and EU
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any existing doubt, or prevailing m
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(2) A potential financial loss reco
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to the extent of monies actually ex
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took out a life insurance policy on
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2.86 The Commission invites submiss
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and social provision be integrated
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and deny enforceability. The leadin
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(6) Defining Insurance Contracts in
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3 CHAPTER 3 DUTY OF DISCLOSURE A In
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the Ohio case of Hartford Protectio
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the basis that the insurance contra
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that which the signatory could reas
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―(i) In order to be entitled to a
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withholding information on the basi
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public interest in running blockade
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In Manor Park, McMahon J. took a si
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at the precontractual stage. The de
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decisions in which the Ombudsman ha
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(8) The English Law Commission’s
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(10) Australia 3.88 In ALRC Report
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Article 3:103 Exceptions The sancti
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it is desirable to retain the duty;
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B Judicial approaches to limiting a
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will no doubt arise in the future.
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questions that are incapable of a y
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(1) Marine Insurance Act 1906 and m
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(3) Should the right to rescind be
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y English judges to any extent, and
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non-disclosure or misrepresentation
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Factually incorrect answers to a qu
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4.68 While the English and Scottish
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terms to be construed by reference
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conclusion, ―with considerable re
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the present was held not to be prom
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(10) Limiting the scope of the warr
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have been forthright in suggesting
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nature and potentially draconian na
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(b) that even though the loss was o
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whichever is the earlier event. 103
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5.67 Nevertheless, the law reports
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may properly consider to be relevan
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―It is easy to sympathise with th
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decisions, and case-law, that preve
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the terms of the insurance contract
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householder each assuming the other
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whether in all the circumstances it
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may be regarded as technical or unm
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―Basis of contract clauses would
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The court may be influenced by the
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―consumer‘s reasonable expectat
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of the term, particularly in the co
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National Consumer Agency would be t
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premium, thus taking the contract o
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the Provider could not provide the
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exceptions to these requirements in
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(l) the existence of guarantee fund
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policy should be issued within fift
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contains interesting and helpful ad
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in the Aro Road case who wrote that
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8.11 The most visible demonstration
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common law position relating to sep
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F Effects of fraud 8.27 Once the fr
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8.36 In the case of composite insur
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(i) consented to the act or omissio
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Insurance Corporation of the Channe
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not only an economic purpose, but a
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Article 6:104 Time of Performance (
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B The Problem in Context 9.04 The d
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D Exceptions to the Privity Rule (1
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9.20 Because Ireland has not adopte
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cover but the defendants failed to
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(1) ―Where a person who is not pa
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9.46 The privity doctrine confines
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CHAPTER 10 REMEDIES A Introduction
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(4) Where the risk would have been
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isks‖ policy provided by Royal an
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elation to negligent misrepresentat
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insurer is seeking to avoid the con
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10.38 The decision of Hirst J in Th
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10.48 The Ontario Court of Appeal,
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(a) An insurer cancelled a motor in
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G Subrogation - Public Policy Excep
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(ii) Subrogation - Employee Liabili
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Employee‟s Liability (Indemnifica
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―an employer should be liable to
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Street Dublin against the embezzlem
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11.09 The Commission invites submis
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of a promissory warranty, it should
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Insurance Contracts CP - Law Reform Commission

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