# Insurance Act 2015 URL: https://consilena.com/coverage/laws/stat_uk_ukpga_2015_4 - Jurisdiction: United Kingdom - Type: Act - Identifier: ukpga/2015/4 - Current as of: 4 May 2017 - Provisions: 43 - Official text: https://www.legislation.gov.uk/ukpga/2015/4 - 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 ### PART 1 – Insurance contracts: main definitions - **s. 1 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… ### PART 2 – The duty of fair presentation - **s. 2 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… - **s. 3 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… - **s. 4 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)… - **s. 5 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… - **s. 6 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… - **s. 7 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… - **s. 8 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—… ### PART 3 – Warranties and other terms - **s. 9 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… - **s. 10 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… - **s. 11 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… ### PART 4 – Fraudulent claims - **s. 12 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… - **s. 13 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… ### PART 4A – Late payment of claims - **s. 13A 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… ### PART 5 – Good faith and contracting out - **s. 14 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… - **s. 15 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… - **s. 16 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… - **s. 16A 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… - **s. 17 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… - **s. 18 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… ### PART 6 – Amendment of the Third Parties (Rights against Insurers) Act 2010 - **s. 19 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… - **s. 20 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. ### PART 7 – General - **s. 21 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… - **s. 22 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)… - **s. 23 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)… ### SCHEDULE 1 - **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… ### SCHEDULE 2 - **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… --- 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_2015_4. Index of every page: https://consilena.com/llms.txt.