The Insurance Act 2015 has received substantial publicity, often to the effect that it will now be easier for commercial insureds to have claims paid as insurers will be unable to rely on certain coverage arguments under the Marine Insurance Act 1906.
The act places the burden on the insurer to justify a denial of cover, or a reduction in the value of a claim, in the event of a material misrepresentation or non-disclosure by the insured which gives rise to a breach of its "duty of fair presentation" under section 3 of the law (presentation disputes).
This article considers the potential issues for insurers' compliance systems and controls from presentation disputes. These issues could also affect the relationships between insurers and intermediaries acting as their underwriting agents (such as coverholders and managing general agents – MGAs).
This article was first published on the Thomson Reuters Accelus (’Complinet’) websiteThis information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.