Intermediaries

In March 2007 the English and Scottish Law Commissions published the last of their three Issues Papers leading up to the anticipated publication of a Working Paper in June 2007. That document is expected to set out the Law Commissions’ provisional recommendations on Utmost Good Faith, Warranties and Intermediaries and will trigger an intensive public consultation. In the meantime, the Intermediaries Issues Paper sets out a number of key questions, relating to the role of intermediaries in the insurance market, to which the Law Commissions are seeking answers. The Issues Paper discusses all classes of intermediaries. As will be seen, there is a clear focus on consumer insurance, and in particular on the principles that should apply where there has been fraud or mistake by an insurance intermediary in the placing of cover. Many unresolved matters affecting the role of intermediaries – payment of commission, the role in claims and payment of premiums – are not considered in the Issues Paper.