Acts And case Law Flashcards
Consumer Rights Act 2015
transparent, if it is expressed in plain and intelligible language; and
prominent, if it is brought to the consumer’s attention in such a way that an average
consumer would be aware of it.
reasonably well informed
Marsden v. City & County Insurance Company (1865)
A shopkeeper insured his plate
glass against loss or damage arising from any cause except fire. Fire broke out at a
neighbour’s shop and a mob gathered. The mob rioted and broke the plate glass. It was
held that the riot and not the fire was the cause of the loss. The damage was not the
inevitable result of the fire
Gabay v. Lloyd (1825)
Horses on board a ship were frightened by a storm. They broke
down their stalls and kicked one another, resulting in some deaths. It was held that death
so caused was a loss by perils of the sea
Road Traffic Act 1988
unlimited indemnity in respect of bodily injury or death to third parties;
• a £1,200,000 limit for loss of or damage to third party property;
• claimants’ costs and expenses; and
• emergency medical treatment and hospital charges arising out of the vehicle use.
Theft Act 1968
a
person is guilty of theft if they dishonestly take property belonging to another, with the
intention of permanently depriving the other of it. Insurers add a phrase saying that it must
include force and violence, either in breaking in or out of the insured premises. This means
that entry by a key, a trick or concealment on the premises while open, and leaving without
forcible exit would not be covered. If a key were obtained by threat or force, cover would
normally apply.
Employers’ Liability (Compulsory Insurance) Act 1969
states that almost every
employer in the UK must be insured against its liability for the bodily injury or disease of its
employees that has happened in the course of their employment. A certificate of insurance
must be displayed at each place of business and this can be done electronically on condition
that all employees have access to it
Employers’ Liability (Compulsory Insurance
Regulations 1998 increased the minimum limit for the sum insured to £5m.
Konstantinos Agapitos v. Ian Charles Agnew (2002)
dealt with the issue at
some length. The judge decided that not only would a fraudulent claim fail completely, but
that if a claimant instituted an authentic claim that was subsequently found to be
exaggerated, this must also fail in its entirety
Criminal Justice and Courts Act 2015 (CJCA
) (which came into force in
April 2015) defendants can request that, where part of a personal injury (PI) claim is found to
be ‘fundamentally dishonest’, the whole claim be struck out. This is designed to address the
situation where a personal injury claimant has significantly exaggerated the extent of their
injuries but, even when the dishonesty is discovered, still receives the genuine element of
their claim through the courts
Consumer Insurance (Disclosure and Representations) Act 2012
Before the passing of the Consumer Insurance (Disclosure and Representations) Act 2012
(CIDRA), the key piece of insurance legislation was the Marine Insurance Act 1906. Under
this Act, all purchasers and sellers of insurance were obliged to act with utmost good faith
and disclose all material facts to one another.
Insurance Act 2015
The Insurance Act 2015 received Royal Assent on 12 February 2015 and came into force on
12 August 2016. It seeks to extend the reforms made previously to consumer contracts of
insurance by the Consumer Insurance (Disclosure and Representations) Act 2012 . The Act
amends the Marine Insurance Act 1906, which, as we have seen, required proposers of
insurance and insurers to act with utmost good faith and disclose all material facts to one
another.
The Insurance Act amends insurance law in three main areas:
• the pre-contractual duty of disclosure and the effect of misrepresentations at that stage;
• the effect of warranties contained in the policy; and
• insurers’ remedies for fraudulent claims.
Enterprise Act 2016
The Enterprise Act 2016 amends the Insurance Act 2015 by adding in provisions relating to
compensation for late payment of claims. The key provisions are:
• it is an implied term of every insurance contract that sums due must be paid in a
reasonable time;
• reasonable time includes time to investigate and assess the claim;
• what is reasonable depends on all the circumstances, but includes the type of insurance;
the size and complexity of the claim; compliance with regulation; factors outside the
insurer’s control (such as delay by the policyholder);
• the insurer will not breach the implied term by disputing the claim provided the dispute
was genuine; and
• breach of the term will result in the insurer paying damages to the insured, as well as the
original indemnity payment and interest.
The ‘late payment’ term applies to all policies incepted, renewed or amended from May
2017. This includes contracts caught by CIDRA.
The Consumer Rights Act 2015
The Consumer Rights Act 2015 came into force on 1 October 2015. Although the Act
brings in a number of provisions with regards to the supply of services, FCA rules on the
claims handling process will prevail in most cases.
Legal Services Act 2007
changed the law to enable a non-lawyer to own a legal
practice. This, in conjunction with the advent of the LASPO Act 2012, opened the door for
insurance companies to enter into alternative business structures with law firms
Civil Liability Act 2018
, along with changes to the small claims track (SCT) limit for
personal injury claims, has changed the landscape once more for some types of claims.
