Insurance Contracts CP - Law Reform Commission

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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: info@lawreform.ie 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
Page 1 and 2: CONSULTATION PAPER INSURANCE CONTRA
Page 3 and 4: MEMBERSHIP The Law Reform Commissio
Page 5: ADMINISTRATION STAFF Head of Admini
Page 9 and 10: TABLE OF CONTENTS Table of Key Legi
Page 11 and 12: CHAPTER 4 (3) Factors covered by an
Page 13 and 14: (10)Enforcement 149 CHAPTER 7 FORMA
Page 15: TABLE OF KEY LEGISLATION Assurance
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
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the judges to complicate the law by
Page 64 and 65:
Insurance in the UK, Ireland and EU
Page 66 and 67:
any existing doubt, or prevailing m
Page 68 and 69:
(2) A potential financial loss reco
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to the extent of monies actually ex
Page 72 and 73:
took out a life insurance policy on
Page 74 and 75:
2.86 The Commission invites submiss
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and social provision be integrated
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and deny enforceability. The leadin
Page 80 and 81:
(6) Defining Insurance Contracts in
Page 83 and 84:
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
Page 89 and 90:
that which the signatory could reas
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―(i) In order to be entitled to a
Page 93 and 94:
withholding information on the basi
Page 95 and 96:
public interest in running blockade
Page 97 and 98:
In Manor Park, McMahon J. took a si
Page 99 and 100:
at the precontractual stage. The de
Page 101 and 102:
decisions in which the Ombudsman ha
Page 103 and 104:
(8) The English Law Commission’s
Page 105 and 106:
(10) Australia 3.88 In ALRC Report
Page 107 and 108:
Article 3:103 Exceptions The sancti
Page 109:
it is desirable to retain the duty;
Page 112 and 113:
B Judicial approaches to limiting a
Page 114 and 115:
will no doubt arise in the future.
Page 116 and 117:
questions that are incapable of a y
Page 118 and 119:
(1) Marine Insurance Act 1906 and m
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(3) Should the right to rescind be
Page 122 and 123:
y English judges to any extent, and
Page 124 and 125:
non-disclosure or misrepresentation
Page 126 and 127:
Factually incorrect answers to a qu
Page 128 and 129:
4.68 While the English and Scottish
Page 130 and 131:
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
Page 152 and 153:
decisions, and case-law, that preve
Page 154 and 155:
the terms of the insurance contract
Page 156 and 157:
householder each assuming the other
Page 158 and 159:
whether in all the circumstances it
Page 160 and 161:
may be regarded as technical or unm
Page 162 and 163:
―Basis of contract clauses would
Page 164 and 165:
The court may be influenced by the
Page 166 and 167:
―consumer‘s reasonable expectat
Page 168 and 169:
of the term, particularly in the co
Page 170 and 171:
National Consumer Agency would be t
Page 172 and 173:
premium, thus taking the contract o
Page 174 and 175:
the Provider could not provide the
Page 176 and 177:
exceptions to these requirements in
Page 178 and 179:
(l) the existence of guarantee fund
Page 180 and 181:
policy should be issued within fift
Page 182 and 183:
contains interesting and helpful ad
Page 184 and 185:
in the Aro Road case who wrote that
Page 186 and 187:
8.11 The most visible demonstration
Page 188 and 189:
common law position relating to sep
Page 190 and 191:
F Effects of fraud 8.27 Once the fr
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8.36 In the case of composite insur
Page 194 and 195:
(i) consented to the act or omissio
Page 196 and 197:
Insurance Corporation of the Channe
Page 198 and 199:
not only an economic purpose, but a
Page 200 and 201:
Article 6:104 Time of Performance (
Page 202 and 203:
B The Problem in Context 9.04 The d
Page 204 and 205:
D Exceptions to the Privity Rule (1
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9.20 Because Ireland has not adopte
Page 208 and 209:
cover but the defendants failed to
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(1) ―Where a person who is not pa
Page 212 and 213:
9.46 The privity doctrine confines
Page 215 and 216:
CHAPTER 10 REMEDIES A Introduction
Page 217 and 218:
(4) Where the risk would have been
Page 219 and 220:
isks‖ policy provided by Royal an
Page 221 and 222:
elation to negligent misrepresentat
Page 223 and 224:
insurer is seeking to avoid the con
Page 225 and 226:
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
Page 231 and 232:
G Subrogation - Public Policy Excep
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(ii) Subrogation - Employee Liabili
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Employee‟s Liability (Indemnifica
Page 237 and 238:
―an employer should be liable to
Page 239:
Street Dublin against the embezzlem
Page 242 and 243:
11.09 The Commission invites submis
Page 244 and 245:
of a promissory warranty, it should
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Insurance Contracts CP - Law Reform Commission

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