Consumer Insurance (Disclosure and Representations) Act 2012

The Consumer Insurance (Disclosure and Representations) Act 2012 (c.6)[1] is a UK Act of Parliament that makes important reforms to insurance law.

Consumer Insurance (Disclosure and Representations) Act 2012
Long titleAn Act to make provision about disclosure and representations in connection with consumer insurance contracts.
Citation6
Text of the Consumer Insurance (Disclosure and Representations) Act 2012 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Act was a consequence of the Law Commission's millennium review of the law of insurance that has been ongoing since 2006. The review examined insurance in general, and of marine insurance in particular.[2] The new legislation is a response to a consensus that the Marine Insurance Act 1906 is old-fashioned, it no longer represents current practice, and it undermines the continuing dominant position of English Insurance in the global market.[3]

The Act has since been complemented by the Insurance Act 2015; and both of these modern Acts have significantly amended the Marine Insurance Act 1906, particularly in the area of misrepresentation and disclosure.

The Act's provisions

The Consumer Insurance (Disclosure and Representations) Act 2012 makes provisions as follows:

  • Section 1 creates the concept of "consumer" and "non-consumer" insurance contracts..
  • Section 2 covers Pre-contractual disclosures and representations to the insurer. The Act imposes a duty upon the insured to take reasonable care not to make a misrepresentation to the insurer.
  • Section 3 declares that the Standard of Care is to be determined in the light of all the relevant circumstances.
  • Sections 4 defines "qualifying misrepresentations: definitions and remedies".
  • Sections 5 defines "qualifying misrepresentations: classification and presumptions".
  • Section 6 covers warranties and representations
  • Schedule 1 makes provision for Insurers' remedies for qualifying misrepresentations.
  • Schedule 2 makes provision for rules determining the status of agents
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See also
  • UK commercial law
  • Marine Insurance

Notes
  1. The Consumer Insurance (Disclosure and Representations) Act 2012 (c.6)
  2. http://insurance.dwf.co.uk/news-updates/2015/02/the-insurance-act-2015-is-here…or-almost-here/%5B%5D
  3. http://www.cii.co.uk/knowledge/policy-and-public-affairs/articles/cii-briefing-insurance-act-2015/35287
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