The Insurance Act 2015: rebalancing the interests of insurer and assured
The Insurance Act 2015: rebalancing the interests of insurer and assured
The Insurance Act 2015 is the first piece of legislation since the eighteenth century to seek to lay down new principles governing the formation and operation of insurance contracts. Exactly 250 years after Lord Mansfield articulated the routinely-cited principle of utmost good faith in insurance law in Carter v Boehm (1766) 2 Burr 1905, that principle has been recast, with important implications for both the pre- and post-contractual duties of the parties. The Insurance Act has also imposed important restrictions on the enforcement of policy terms by insurers, and clarifies the law affecting fraudulent claims. The Marine Insurance Act 1906, a codifying measure, looks increasingly outmoded.
insurance, law reform, duty of good faith, warranties, fraudulent claims
1004-1027
Merkin, Rob
30ffc9d0-0152-402a-a70a-09200264b15a
Gurses, Özlem
8c35c3a5-8f23-48d6-990e-a45846f80d67
November 2015
Merkin, Rob
30ffc9d0-0152-402a-a70a-09200264b15a
Gurses, Özlem
8c35c3a5-8f23-48d6-990e-a45846f80d67
Merkin, Rob and Gurses, Özlem
(2015)
The Insurance Act 2015: rebalancing the interests of insurer and assured.
Modern Law Review, 78 (6), .
(doi:10.1111/1468-2230.12158).
Abstract
The Insurance Act 2015 is the first piece of legislation since the eighteenth century to seek to lay down new principles governing the formation and operation of insurance contracts. Exactly 250 years after Lord Mansfield articulated the routinely-cited principle of utmost good faith in insurance law in Carter v Boehm (1766) 2 Burr 1905, that principle has been recast, with important implications for both the pre- and post-contractual duties of the parties. The Insurance Act has also imposed important restrictions on the enforcement of policy terms by insurers, and clarifies the law affecting fraudulent claims. The Marine Insurance Act 1906, a codifying measure, looks increasingly outmoded.
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e-pub ahead of print date: 2 November 2015
Published date: November 2015
Keywords:
insurance, law reform, duty of good faith, warranties, fraudulent claims
Organisations:
Southampton Law School
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Local EPrints ID: 384961
URI: http://eprints.soton.ac.uk/id/eprint/384961
ISSN: 0026-7961
PURE UUID: ab2c260a-49fd-46d5-b183-a87308da9c63
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Date deposited: 14 Jan 2016 12:05
Last modified: 14 Mar 2024 22:07
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Author:
Rob Merkin
Author:
Özlem Gurses
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