Insurance Contracts CP - Law Reform Commission

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TABLE OF CONTENTS Table of Key Legislation Table of Key Cases xv 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 20 th 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
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: ACKNOWLEDGEMENTS The Commission wou
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
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drawings themselves, Auld LJ and Si
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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
Page 109:
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
Page 170 and 171:
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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