Legislation Flashcards
What is the definition of riot provided in the Public Order Act, 1986
The essential elements are identified in this definition from the Act. “Where there are 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot.
What are the key points from Consumer Insurance (Disclosure & Representations) Act 2012 relating to utmost good faith
- “Basis of contract” clauses abolished in consumer insurance contracts.
- The act removes duty on consumers to disclose any facts that a prudent underwriter would consider material, and replaces this with a duty to take reasonable care not to make a misrepresentation.
- Insurers may still include specific warranties in consumer insurance contracts, but these must be “fair” under the Unfair Terms in Consumer Contracts Regulations 1999
What are the key points from the Insurance Act 2015 relating to utmost good faith
- The Insured has to disclose all material facts or make a fair presentation, which will include putting a prudent insurer “on notice” that it needs to make further enquiries
- Knowledge of the insured: reasonable search for information
- Knowledge of the insurer: what it ought to reasonably know
- Basis of contract clauses prohibited
- All warranties are suspensive; rectification of a position will not affect any subsequent loss
What are the key points from the Consumer Insurance Contracts Act 2019 relating to utmost good faith
- Duty in consumer contracts replaced with obligation on insurer to ask specific questions
- “Basis of contract clauses” or warranties replaced with “representation”
- Insurance interest not required at time of taking out contract, but required at time of loss
- Claim can only be declined for late notification when prejudice is demonstrated
