The Insurance Act 2015: rebalancing the interests of insurer and assured

Merkin, R. and Gürses, Ö. (2015) The Insurance Act 2015: rebalancing the interests of insurer and assured. Modern Law Review, 78 (6). pp. 1004-1027. ISSN 0026-7961 doi: 10.1111/1468-2230.12158

Abstract/Summary

The Insurance Act 2015 is the first piece of legislation since the eighteenth century to seek to lay down new principles governing the formation and operation of insurance contracts. Exactly 250 years after Lord Mansfield articulated the routinely‐cited principle of utmost good faith in insurance law in Carter v Boehm (1766) 2 Burr 1905, that principle has been recast, with important implications for both the pre‐ and post‐contractual duties of the parties. The Insurance Act has also imposed important restrictions on the enforcement of policy terms by insurers, and clarifies the law affecting fraudulent claims. The Marine Insurance Act 1906, a codifying measure, looks increasingly outmoded.