Fenchurch Law

The Consumer Insurance (Disclosure and Representations) Act 2012 (CI(DR)A 2012) changed the obligation for policyholders to volunteer information to insurers, replacing it with a duty to take reasonable care not to make misrepresentations when answering questions from the insurer. This Practice Note looks at the background to the implementation of CI(DR)A 2012 and provides an overview of some of the main provisions in CI(DR)A 2012 in relation to consumer insurance and duty of care for misrepresentation in consumer insurance.

This Practice Note deals with the authorities on the meaning of ‘fraud’ and provides an overview of the key principles that apply to business insureds, both at inception of their insurance policies and during the claims process. It provides guidance on proving fraud, exaggerated claims, fraudulent devices and collateral lies together with guidance on fraudulent claims in the context of group policies, assignees of insurance policies and the position of co-insureds.

This Practice Note provides an overview of some of the most common types of insurance that are available, who might need them, and how they work.

Reinstatement in property insurance can be a difficult issue for a policyholder to navigate in the wake of a loss. The answers to what might seem like obvious questions such as: what is it? who does it? and, do the costs actually have to be incurred? are often far from straightforward, and have been the subject matter of disputes. This Practice Note summarises the key principles, including ’betterment’.