Insurance Act 2015

Insurance contracts: main definitions

— s. 1 — Insurance contracts: main definitions In this Act (apart from Part 6)— “consumer insurance contract” has the same meaning as in the Consumer Insurance…

Application and interpretation

(1) This Part applies to non-consumer insurance contracts only. (2) This Part applies in relation to variations of non-consumer insurance contracts as it…

The duty of fair presentation

— s. 3 — The duty of fair presentation (1) Before a contract of insurance is entered into, the insured must make to the insurer a fair presentation of the…

Knowledge of insured

(1) This section provides for what an insured knows or ought to know for the purposes of section 3(4)(a). (2) An insured who is an individual knows only— (a)…

Knowledge of insurer

(1) For the purposes of section 3(5)(b), an insurer knows something only if it is known to one or more of the individuals who participate on behalf of the…

Knowledge: general

(1) For the purposes of sections 3 to 5, references to an individual's knowledge include not only actual knowledge, but also matters which the individual…

Supplementary

(1) A fair presentation need not be contained in only one document or oral presentation. (2) The term “circumstance” includes any communication made to, or…

Remedies for breach

(1) The insurer has a remedy against the insured for a breach of the duty of fair presentation only if the insurer shows that, but for the breach, the insurer—…

Warranties and representations

(1) This section applies to representations made by the insured in connection with— (a) a proposed non-consumer insurance contract, or (b) a proposed variation…

Breach of warranty

(1) Any rule of law that breach of a warranty (express or implied) in a contract of insurance results in the discharge of the insurer's liability under the…

Terms not relevant to the actual loss

(1) This section applies to a term (express or implied) of a contract of insurance, other than a term defining the risk as a whole, if compliance with it would…

Remedies for fraudulent claims

(1) If the insured makes a fraudulent claim under a contract of insurance— (a) the insurer is not liable to pay the claim, (b) the insurer may recover from the…

Remedies for fraudulent claims: group insurance

(1) This section applies where— (a) a contract of insurance is entered into with an insurer by a person (“A”), (b) the contract provides cover for one or more…

Implied term about payment of claims

(1) It is an implied term of every contract of insurance that if the insured makes a claim under the contract, the insurer must pay any sums due in respect of…

Good faith

and contracting out — Good faith — s. 14 — Good faith (1) Any rule of law permitting a party to a contract of insurance to avoid the contract on the ground…

Contracting out: consumer insurance contracts

(1) A term of a consumer insurance contract, or of any other contract, which would put the consumer in a worse position as respects any of the matters provided…

Contracting out: non-consumer insurance contracts

(1) A term of a non-consumer insurance contract, or of any other contract, which would put the insured in a worse position as respects representations to which…

Contracting out of the implied term about payment of claims: consumer and non-consumer insurance contracts

(1) A term of a consumer insurance contract, or of any other contract, which would put the consumer in a worse position as respects any of the matters provided…

The transparency requirements

(1) In this section, “the disadvantageous term” means such a term as is mentioned in section 16(2) or 16A(4) . (2) The insurer must take sufficient steps to…

Contracting out: group insurance contracts

(1) This section applies to a contract of insurance referred to in section 13(1)(a); and in this section— “A” and “the Cs” have the same meaning as in section…

Power to change meaning of “relevant person” for purposes of 2010 Act

For section 19 of the Third Parties (Rights against Insurers) Act 2010 (power to amend sections 4 to 6 of the Act) substitute— Power to change the meaning of…

Other amendments Prospective

Schedule 2 amends the Third Parties (Rights against Insurers) Act 2010 in relation to the insured persons to whom the Act applies.

Provision consequential on Part 2

(1) The provision made by this section is consequential on Part 2 of this Act. (2) In the Marine Insurance Act 1906, sections 18 (disclosure by assured), 19…

Application etc of Parts 2 to 5

(1) Part 2 (and section 21) and section 14 apply only in relation to— (a) contracts of insurance entered into after the end of the relevant period, and (b)…

Extent, commencement and short title

(1) This Act extends to England and Wales, Scotland and Northern Ireland, except for— (a) section 21(4), which does not extend to Northern Ireland; and (b)…

Sch. 1 para. 1

This Part of this Schedule applies to qualifying breaches of the duty of fair presentation in relation to non-consumer insurance contracts (for variations to…

Sch. 1 para. 2

If a qualifying breach was deliberate or reckless, the insurer— (a) may avoid the contract and refuse all claims, and (b) need not return any of the premiums…

Sch. 1 para. 3

Paragraphs 4 to 6 apply if a qualifying breach was neither deliberate nor reckless.

Sch. 1 para. 4

If, in the absence of the qualifying breach, the insurer would not have entered into the contract on any terms, the insurer may avoid the contract and refuse…

Sch. 1 para. 5

If the insurer would have entered into the contract, but on different terms (other than terms relating to the premium), the contract is to be treated as if it…

Sch. 1 para. 6

(1) In addition, if the insurer would have entered into the contract (whether the terms relating to matters other than the premium would have been the same or…

Sch. 1 para. 7

This Part of this Schedule applies to qualifying breaches of the duty of fair presentation in relation to variations to non-consumer insurance contracts.

Sch. 1 para. 8

If a qualifying breach was deliberate or reckless, the insurer— (a) may by notice to the insured treat the contract as having been terminated with effect from…

Sch. 1 para. 9

(1) This paragraph applies if— (a) a qualifying breach was neither deliberate nor reckless, and (b) the total premium was increased or not changed as a result…

Sch. 1 para. 10

(1) This paragraph applies if— (a) a qualifying breach was neither deliberate nor reckless, and (b) the total premium was reduced as a result of the variation…

Sch. 1 para. 11

(1) If this paragraph applies, the insurer may reduce proportionately the amount to be paid on a claim arising out of events after the variation. (2) In…

Sch. 1 para. 12

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…

Sch. 2 para. 1 Prospective

The Third Parties (Rights against Insurers) Act 2010 is amended as follows.

Sch. 2 para. 2 Prospective

(1) Section 4 (relevant persons: individuals) is amended as follows. (2) In subsection (3), after paragraph (b) (deed of arrangements registered under the…

Sch. 2 para. 3 Prospective

(1) Section 6 (corporate bodies etc) is amended as follows. (2) In subsection (2) (events under the Insolvency Act 1986), for paragraph (b) substitute— (b) the…

Sch. 2 para. 4 Prospective

In section 1(5)(b) (definition of “relevant person”), at the end insert “ (and see also paragraph 1A of Schedule 3) ”.

Sch. 2 para. 5 Prospective

(1) Schedule 3 (transitory, transitional and saving provision) is amended as follows. (2) At the beginning insert— “ Application of this Act ”. (3) After…

Sch. 2 para. 6 Prospective

After section 19 insert— Interpretation 19A (1) The references to enactments in sections 4 to 7, 9(7) and 14(4) and paragraph 3(2)(b), (4) and (5) of Schedule…