# Consumer Insurance (Disclosure and Representations) Act 2012 URL: https://consilena.com/coverage/laws/stat_uk_ukpga_2012_6 - Jurisdiction: United Kingdom - Type: Act - Identifier: ukpga/2012/6 - Current as of: 12 August 2016 - Provisions: 33 - Official text: https://www.legislation.gov.uk/ukpga/2012/6 - Licence: [Open Government Licence v3.0](https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/) - Attribution: Contains public sector information licensed under the Open Government Licence v3.0. > The library is a research copy. Check the official source before relying on a provision: the text published there, not the copy in Consilena, is the law. ## Provisions ### Main definitions - **s. 1 Main definitions**: — s. 1 — Main definitions In this Act— “consumer insurance contract” means a contract of insurance between— an individual who enters into the contract wholly… ### Pre-contract and pre-variation information - **s. 2 Disclosure and representations before contract or variation**: (1) This section makes provision about disclosure and representations by a consumer to an insurer before a consumer insurance contract is entered into or… - **s. 3 Reasonable care**: (1) Whether or not a consumer has taken reasonable care not to make a misrepresentation is to be determined in the light of all the relevant circumstances. (2)… ### Qualifying misrepresentations - **s. 4 Qualifying misrepresentations: definition and remedies**: (1) An insurer has a remedy against a consumer for a misrepresentation made by the consumer before a consumer insurance contract was entered into or varied… - **s. 5 Qualifying misrepresentations: classification and presumptions**: (1) For the purposes of this Act, a qualifying misrepresentation (see section 4(2)) is either— (a) deliberate or reckless, or (b) careless. (2) A qualifying… ### Specific issues - **s. 6 Warranties and representations**: (1) This section applies to representations made by a consumer— (a) in connection with a proposed consumer insurance contract, or (b) in connection with a… - **s. 7 Group insurance**: (1) This section applies where— (a) a contract of insurance is entered into by a person (“A”) in order to provide cover for another person (“C”), or is varied… - **s. 8 Insurance on life of another**: (1) This section applies in relation to a consumer insurance contract for life insurance on the life of an individual (“L”) who is not a party to the contract… - **s. 9 Agents**: Schedule 2 applies for determining, for the purposes of this Act only, whether an agent through whom a consumer insurance contract is effected is the agent of… - **s. 10 Contracting out**: (1) A term of a consumer insurance contract, or of any other contract, which would put the consumer in a worse position as respects the matters mentioned in… ### Final provision - **s. 11 Consequential provision**: (1) … (2) … (3) In section 152 of the Road Traffic Act 1988 (exceptions to duty of insurers to satisfy judgment against persons insured against third-party… - **s. 12 Short title, commencement, application and extent**: (1) This Act may be cited as the Consumer Insurance (Disclosure and Representations) Act 2012. (2) Section 1 and this section come into force on the day on… ### SCHEDULE 1 - **Sch. 1 para. 1**: This Part of this Schedule applies in relation to qualifying misrepresentations made in connection with consumer insurance contracts (for variations to them… - **Sch. 1 para. 2**: If a qualifying misrepresentation was deliberate or reckless, the insurer— (a) may avoid the contract and refuse all claims, and (b) need not return any of the… - **Sch. 1 para. 3**: If the qualifying misrepresentation was careless, paragraphs 4 to 8 apply in relation to any claim. - **Sch. 1 para. 4**: The insurer's remedies are based on what it would have done if the consumer had complied with the duty set out in section 2(2), and paragraphs 5 to 8 are to be… - **Sch. 1 para. 5**: If the insurer would not have entered into the consumer insurance contract on any terms, the insurer may avoid the contract and refuse all claims, but must… - **Sch. 1 para. 6**: If the insurer would have entered into the consumer insurance contract, but on different terms (excluding terms relating to the premium), the contract is to be… - **Sch. 1 para. 7**: In addition, if the insurer would have entered into the consumer insurance contract (whether the terms relating to matters other than the premium would have… - **Sch. 1 para. 8**: “Reduce proportionately” means that the insurer need pay on the claim only X% of what it would otherwise have been under an obligation to pay under the terms… - **Sch. 1 para. 9**: (1) This paragraph— (a) applies if the qualifying misrepresentation was careless, but (b) does not relate to any outstanding claim. (2) Paragraphs 5 and 6 (as… - **Sch. 1 para. 10**: This Part of this Schedule applies in relation to qualifying misrepresentations made in connection with variations to consumer insurance contracts. - **Sch. 1 para. 11**: If the subject-matter of a variation can reasonably be treated separately from the subject-matter of the rest of the contract, Part 1 of this Schedule applies… - **Sch. 1 para. 12**: Otherwise, Part 1 applies (with any necessary modifications) as if the qualifying misrepresentation had been made in relation to the whole contract (for this… - **Sch. 1 para. 13**: Part 1 is to be read subject to the following modifications in relation to cover provided for C under a group insurance contract as mentioned in section 7 (and… - **Sch. 1 para. 14**: References to the consumer insurance contract (however described) are to that part of the contract which provides for cover for C. - **Sch. 1 para. 15**: References to claims and premiums are to claims and premiums in relation to that cover. - **Sch. 1 para. 16**: The reference to the consumer is to be read— (a) in paragraph 2(b), as a reference to whoever paid the premiums, or the part of them that related to the cover… - **Sch. 1 para. 17**: Section 84 of the Marine Insurance Act 1906 (return of premium for failure of consideration) is to be read subject to the provisions of this Schedule in… ### SCHEDULE 2 - **Sch. 2 para. 1**: This Schedule sets out rules for determining, for the purposes of this Act only, whether an agent through whom a consumer insurance contract is effected is… - **Sch. 2 para. 2**: The agent is to be taken as the insurer's agent in each of the following cases— (a) when the agent does something in the agent's capacity as the appointed… - **Sch. 2 para. 3**: (1) In any other case, it is to be presumed that the agent is acting as the consumer's agent unless, in the light of all the relevant circumstances, it appears… - **Sch. 2 para. 4**: (1) If it appears to the Treasury that the list of factors in sub-paragraph (3) or (4) of paragraph 3 has become outdated, the Treasury may by order made by… --- Consilena is a software provider, not a law firm. AI output is not legal advice: consult a licensed lawyer in the relevant jurisdiction. Page: https://consilena.com/coverage/laws/stat_uk_ukpga_2012_6. Index of every page: https://consilena.com/llms.txt.