THE ENGLISH AND SCOTTISH LAW COMMISSIONS’ PROPOSALS FOR REFORM
The perceived need for reform
The English and Scottish Law Commissions (“the Commisions”) have been undertaking a joint review of key aspects of insurance contract law since January 2006. Their stated aim is “to ensure that the law balances the interests of insured and insurer, reflects the needs of modern insurance practice and allows both insured and insurer to know their rights and obligations.” 1 Their view of the law was that in specific areas it was failing to deliver and that reform was urgently required. They disagreed that self-regulation or the Ombudsman’s involvement were suitable substitutes for law reform. This work has resulted in the passing of the Consumer Insurance (Disclosure and Representations) Act 2012 (which came into force on 6 April 2013) and the Insurance Act (which came into force on 12 August 2016). Details of these Acts are set out further below.
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