Last month the Law Commission published its tentative proposals to change the law relating to misrepresentation and non-disclosure clauses in insurance policies. About time too considering there have been various reports calling for reform dating right back to 1957!
The problem with insurance contracts is that they are regarded as having a special status, in that the parties are expected to act “with utmost good faith”. In effect this means that the customer entering in to an insurance contract must refrain from misrepresenting material facts, and must disclose material facts even if no question is specifically asked….
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