Insurance Act 2015: A new regime for commercial and marine insurance law
Page 169
Index
Index
- Amendment: insurance contract
- Avoidance: fraudulent claims, and –; good faith, and ; misrepresentation, and –; non-disclosure –; utmost good faith, and –
- bad faith: fraudulent claims, and
- basis clauses
- breach of warranty –
- burden of proof: causation test, and ; fair presentation, and
- causation
- caveat emptor –
- City of London; insurance, and
- commercial contracts: contracting out of see contracting out
- commercial risks –; duty of utmost good faith – see also Utmost good faith
- common law: late payment of claims –; warranties –
- consumer: concept of –
- Consumer Insurance (Disclosure and Representations) Act 2012 –,
- contract: effect of fraud on –, –, ; termination on fraud –
- contracting out –; analysis of provisions on –; blanket clauses –; disadvantageous term ; disputes ; effect of term ; exclusion clauses ; hostility towards 04; “in a worse position” ; Insurance Act, of ; late payment of claims, and –; philosophy behind provisions –; provisions on ; remedies –; restrictions ; sophisticated markets ; standard clauses –; transparency requirements ; warranties
- damages: fraudulent claims, and –, ; late payment, and –
- deceit: tort of
- disclosure: assured’s, manner of ; broker’s duty of –; duty of ; exceptions –; Insurance Act, under –; lack of good faith, and ; limitations –; utmost good faith, and –
- Disputed claims: late payment, and –
- fair presentation –, –; assured’s duty –; assured’s knowledge –; broker’s duty of disclosure –; contracting out ; fundamental changes –; good faith, and ; insurer’s knowledge –; jejune presentation ; manner of assured’s disclosure ; remedies –, –; warranties, and
- Financial Ombudsman Service (FOS)
- fraud ; fraudulent claims – see also fraudulent claims
- fraudulent claims –, –; bad faith ; damages for –, ; effect of fraud on claim –, –, –; effect of fraud on contract –, –, ; fraudulent device, whether ; Insurance Act provisions –; law reform ; MIA 1906, under ; pre-Insurance Act –; remedies, pre-Insurance Act –; uberrimae fidei
- good faith, duty of –; caveat emptor, and –; fair presentation, and ; insurer obligations and –; insurer post-contractual duty –; insurer pre-contractual duty –; insurer’s rights and –; introduction of doctrine –;
materiality test –; mutual obligation ; pre-contractual disclosure –; scope of duty , ; utmost see utmost good faithPage 170
- inducement: utmost good faith, and –
- insurance: British export, as ; law of –; range of products
- Insurance Act 2015 –; background –; broad principles –; commercial risks under – see also Commercial risks; contracting out of , – see also Contracting out; default scheme, as ; definitions ; disclosure duty ; duty of fair presentation –, – see also Fair presentation; fraud ; fraudulent claims – see also Fraudulent claims; history –; information technology, and ; new duties –; non-revolutionary, as ; “readily available” information –; scope ; section , impact –; tests under ; text of –; utmost good faith –; warranties , –
- Insurance Ombudsman Bureau (IOB)
- late payment –; common law –; contracting out –; contracting out of implied term –; damages –; disputed claims –; implied duty to pay on time –; liability in damages –; payment, implied term ; reasonable time, obligation –; reforms –
- Law Commission –; contracting out, and ; fraudulent claims , ; late payment consultation ; reform proposals –; warranties, and
- liability in damages: independent nature of –
- Lloyds Marketing Association (LMA)
- Mansfield, Lord
- Marine Insurance Act 1906 , –; codification, as ; disclosure duty ; drafting ; fraudulent claims ; text of –; utmost good faith under –
- materiality: scope ; test for –; utmost good faith, and –
- misrepresentation –; avoidance, and –; formation stage, at –
- Misrepresentation Act 1967
- remedies: breach of warranties ; contracting out, and –; damages –, ; defining –; fair presentation –6115–; fraudulent claims, law on – see also fraudulent claims; nature of breach, and ; test for –; utmost good faith –
- SMEs: contracting out, and
- sophisticated insurance: contracting out, and
- standard clauses: contracting out, and –
- super-warranty
- termination: fraudulent claims, and –
- Third Parties (Rights against Insurers) Act 2010 –
- Transparency: contracting out, and
- United Kingdom: consumer activity –; insurance law
- uberrimae fidei
- utmost good faith –, –; amendments to contract ; disclosure under –; duty of –; MIA 1906, under –; exceptions to disclosure duty –; inducement –; Insurance Act modifications ; materiality –; misrepresentation –; remedies –; variations of contract