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Insurance law: fit for purpose in the twenty‐first century?

Gerald Swaby (School of Law, The University of Huddersfield, Oldham, UK)

International Journal of Law and Management

ISSN: 1754-243X

Article publication date: 2 February 2010

Abstract

Purpose

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.

Design/methodology/approach

The research is addressed using case law, statutes, current academic and law commission publications in the UK and Australia.

Findings

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.

Research limitations/implications

This work does not address detailed issues in relation to fraudulent misrepresentations.

Practical implications

The law will be brought into line with current practice by the Financial Ombudsman Service.

Originality/value

This paper will be of interest to legal practitioners and academics and those in the insurance industry.

Keywords

Citation

Swaby, G. (2010), "Insurance law: fit for purpose in the twenty‐first century?", International Journal of Law and Management, Vol. 52 No. 1, pp. 21-39. https://doi.org/10.1108/17542431011018525

Publisher

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Emerald Group Publishing Limited

Copyright © 2010, Emerald Group Publishing Limited