Our previous article on the Insurance Act 2015 highlighted the potential practical difficulties and compliance issues for insurers in seeking to apply statutory remedies in the event that an insured has breached the duty of fair presentation.
This next article highlights the difficulties that could arise in the event that an insured has breached a term of the insurance contract. In particular, we consider how coverage arguments over policy breaches could raise questions as to insurers’ and intermediaries’ governance, risk management and compliance systems and controls – especially as to product targeting, design, marketing, sales and advice.
This article was first published on the Thomson Reuters Accelus (’Complinet’)This 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.