The purpose of this paper is to provide a critical examination of the current law and the proposed changes made by the Law Commission, after consultation, in relation to non‐fraudulent pre‐contractual duties in insurance law.
The research is addressed using case law, statutes, current academic and law commission publications in the UK and Australia.
First, the paper finds that the current state of the law is unfair in relation to consumers and small businesses and much reform is needed to rebalance the nature of insurance contracts to reflect modern day practice.
This work does not address detailed issues in relation to fraudulent misrepresentations.
The law will be brought into line with current practice by the Financial Ombudsman Service.
This paper will be of interest to legal practitioners and academics and those in the insurance industry.
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