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- Publisher Website: 10.1111/j.1468-2230.2012.00937.x
- Scopus: eid_2-s2.0-84868307759
- WOS: WOS:000310551900007
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Article: 'That wicked rule, that evil doctrine ...': Reforming the Law on Disclosure in Insurance Contracts
Title | 'That wicked rule, that evil doctrine ...': Reforming the Law on Disclosure in Insurance Contracts |
---|---|
Authors | |
Keywords | Business Insurance Consumer Insurance Consumer Insurance (Disclosure And Representations) Act 2012 Duty Of Disclosure English And Scottish Law Commissions Insurance Contract Law Reform |
Issue Date | 2012 |
Publisher | Blackwell Publishing Ltd. The Journal's web site is located at http://www.modernlawreview.co.uk/default.asp |
Citation | Modern Law Review, 2012, v. 75 n. 6, p. 1099-1122 How to Cite? |
Abstract | The Consumer Insurance (Disclosure and Representations) Act 2012, which abolishes the consumer assured's duty to volunteer information, heralds the first successful outcome of the English and Scottish Law Commissions current insurance contract law reform project. This paper outlines the defects of the common law duty of disclosure which the Law Commissions sought to address. It goes on to consider why previous legislative attempts failed, the self-regulatory measures introduced by the insurance industry as a means of resisting earlier pressure for statutory intervention, and how that resistance broke down. Finally, it examines the scope of the 2012 reforms and the current consultation being undertaken in respect of the duty of disclosure in relation to business insurance. It concludes by assessing the significance of the statute in providing a necessary impetus for future insurance law reforms. © 2012 The Authors. The Modern Law Review © 2012 The Modern Law Review Limited. |
Persistent Identifier | http://hdl.handle.net/10722/183385 |
ISSN | 2023 Impact Factor: 1.5 2023 SCImago Journal Rankings: 0.267 |
ISI Accession Number ID | |
References |
DC Field | Value | Language |
---|---|---|
dc.contributor.author | Lowry, J | en_US |
dc.contributor.author | Rawlings, P | en_US |
dc.date.accessioned | 2013-05-27T07:11:52Z | - |
dc.date.available | 2013-05-27T07:11:52Z | - |
dc.date.issued | 2012 | en_US |
dc.identifier.citation | Modern Law Review, 2012, v. 75 n. 6, p. 1099-1122 | en_US |
dc.identifier.issn | 0026-7961 | en_US |
dc.identifier.uri | http://hdl.handle.net/10722/183385 | - |
dc.description.abstract | The Consumer Insurance (Disclosure and Representations) Act 2012, which abolishes the consumer assured's duty to volunteer information, heralds the first successful outcome of the English and Scottish Law Commissions current insurance contract law reform project. This paper outlines the defects of the common law duty of disclosure which the Law Commissions sought to address. It goes on to consider why previous legislative attempts failed, the self-regulatory measures introduced by the insurance industry as a means of resisting earlier pressure for statutory intervention, and how that resistance broke down. Finally, it examines the scope of the 2012 reforms and the current consultation being undertaken in respect of the duty of disclosure in relation to business insurance. It concludes by assessing the significance of the statute in providing a necessary impetus for future insurance law reforms. © 2012 The Authors. The Modern Law Review © 2012 The Modern Law Review Limited. | en_US |
dc.language | eng | en_US |
dc.publisher | Blackwell Publishing Ltd. The Journal's web site is located at http://www.modernlawreview.co.uk/default.asp | en_US |
dc.relation.ispartof | Modern Law Review | en_US |
dc.subject | Business Insurance | en_US |
dc.subject | Consumer Insurance | en_US |
dc.subject | Consumer Insurance (Disclosure And Representations) Act 2012 | en_US |
dc.subject | Duty Of Disclosure | en_US |
dc.subject | English And Scottish Law Commissions | en_US |
dc.subject | Insurance Contract Law Reform | en_US |
dc.title | 'That wicked rule, that evil doctrine ...': Reforming the Law on Disclosure in Insurance Contracts | en_US |
dc.type | Article | en_US |
dc.identifier.email | Lowry, J: jlowry@hku.hk | en_US |
dc.identifier.authority | Lowry, J=rp01750 | en_US |
dc.description.nature | link_to_subscribed_fulltext | en_US |
dc.identifier.doi | 10.1111/j.1468-2230.2012.00937.x | en_US |
dc.identifier.scopus | eid_2-s2.0-84868307759 | en_US |
dc.relation.references | http://www.scopus.com/mlt/select.url?eid=2-s2.0-84868307759&selection=ref&src=s&origin=recordpage | en_US |
dc.identifier.volume | 75 | en_US |
dc.identifier.issue | 6 | en_US |
dc.identifier.spage | 1099 | en_US |
dc.identifier.epage | 1122 | en_US |
dc.identifier.isi | WOS:000310551900007 | - |
dc.publisher.place | United Kingdom | en_US |
dc.identifier.scopusauthorid | Lowry, J=55050464300 | en_US |
dc.identifier.scopusauthorid | Rawlings, P=16414814800 | en_US |
dc.identifier.issnl | 0026-7961 | - |