Lawlords are considering a review of insurance contract law to assess whether non-disclosure rules should be tightened in favour of the policyholder and whether the legal onus should be on insurers to "ask questions".
According to a 45-page scoping paper published last week by the English and Scottish Law Commissions, opinions are being sought on a review covering all aspects “the law affecting long-term and general insurance contracts” and payouts in the event of non-disclosure, as officials argue the balance of legal power is tipped firmly in the balance of insurers. More specifically, the Law Commission report suggests some insurers could reject claims on the basis on non-disclosure in situations where the non-disclosure has nothing to do with the actual claim made and raises concerns abou the fact "...
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