Acts Flashcards
Young vs. Royal and Sun Alliance (2019)
The only case tested in the courts that considered whether the insurer had waived the insured’s non-disclosure under the Insurance Act 2015
Public Order Act 1986
Defines a riot as a group of 12 or more people, gathered for and carrying out a common purpose with intent, and force if necessary, and in such a way as to alarm a person of reasonable firmness and courage
Riot Compensation Act 2016 and Riot Compensation Regulations 2017
Limit what can be recovered from the police (BY INSURERS AND UNINSURED CLAIMANTS - usually no limit for cover for policyholders):
- £1m limit for any one claim
- Does not apply to consequential loss
- Confirms the time period for claims against police as 42 days
- Further 90 days to submit full claims details
- Provides limited cover for motor vehicles and trailers
- Permits replacement goods and property (with some exclusions) on a new-for-old basis
Enterprise and Regulatory Reform Act 2013
Changes under this act removed the strict liability attached to employers; it is now a requirement for negligence to be proven when a claimant brings forward a claim
Employers’ Liability (Compulsory Insurance) Amendment Regulations 2008
Removed the requirement to display a certificate at each place of business, replaced by an electronic certificate readily accessible to all employees
Companies Act 2006
Codified certain responsibilities of directors and produced a statutory list of duties
Equality Act 2010
Harmonise and replace previous legislation and ensure consistency to prevent inequality and discrimination
Test Achats case
In 2011, the European Court of Justice ruled that insurers can no longer use gender when rating for risks; as a result insurers have been forced to remove any gender-related rating from their products, and has had an impact on motor insurance for consumers with move insurers moving rates for female drivers (historically identified as better drivers) in line with male drivers
Defective Premises Act 1972
All household policies cover legal liability for accidental damage or injury, usually with a limit of at least £1m per claim as part of the basic cover:
Buildings - liability on owner and liability incurred under the Defective Premises Act 1972 for faults in property formerly owned or occupied by the insured
Contents - liability incurred by the insured as occupier of the property, and at other premises used for temporary holiday accommodation. There will also be personal liability cover here for an insured whilst away from their premises.
Enterprise and Regulatory Reform Act 2013
Remove the strict liability attached to employers; it is now a requirement for negligence to be proven when a claimant brings forth a claim, however it is likely that courts will still award damages to claimants where negligence is unclear - this may lead to an increase in claims involving contributory negligence
Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012
Insurers anticipated improvements in claims costs owing to changes to the way claims are notified and settled, and translated into rate reductions particularly for casualty and motor. Some insurers reduced rates by up to 15%, however the improvements in loss ratios short term. More still needs to be done to protect against undue costs as a result of spurious or exaggerated claims, and claims farming.
