Fair presentation of the risk
The Consumer Insurance (Disclosure and Representations) Act 2012 (CIDRA) has fundamentally altered an insured’s duty of disclosure in consumer insurances from one of utmost good faith to one that requires the consumer to take ‘reasonable care’ not to make misrepresentations.
Insurers may still insist that consumers provide a fair presentation of the risk, but what is fair will be circumscribed by the scope of the new duty under CIDRA.
The recent case of Bate v Aviva Insurance UK Ltd (2013), although decided before CIDRA came into effect, looks at the approach adopted by the courts in assessing whether or not there has been a fair presentation of the risk…
If you are registered and logged in to the site, click on the link below to read the rest of the Mills & Reeve briefing. If not, please register or sign in with your details below
News from Mills & Reeve
News from The Lawyer
Briefings from Mills & Reeve
The Court of Appeal has handed down its decision in Mitchell v News Group, resolving recent uncertainty about the implementation of Jackson reforms — at least for the time being.
There is an implied term allowing a paying responding party under an adjudication award six years from the date of payment to challenge the adjudicator’s decision.
Analysis from The Lawyer
The trend for unbundling legal work is advancing through the law firm ranks but there is still resistance in some quarters - namely in-house. We asked why