Law Commission proposes 'fraudulent' non-disclosure

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The Law Commission is proposing insurers should only receive a remedy for non-disclosure where the non-disclosure is ‘material' and the consumer acted fraudulently.

Its latest issues paper is calling for the introduction of a single set of rules on consumer’s rights and obligations in insurance contracts and follows reports dating back to 1957, which criticised insurance contract law as outdated and unduly harsh to policyholders. Although consumers can refer disputes to the Financial Ombudsman Service (Fos), the Law Commission believes this should not be regarded as a substitute for law reform and it argues the present position has created a confusing patchwork of codes and rules. The paper focuses on non-disclosure rules which currently require ...

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