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Trevor Davies

The Law Commission Consultation on the duty of good faith on insureds post contract

by Trevor Davies 30/09/10 Category: Comment

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Trevor Davies of Kennedys Law LLP shares thoughts on the Law Commission Consultation on the duty of good faith on insureds post contract The Law Commission has been busy. In July it published issues paper 7 on proposals for reform of the law on the post contract duty of good faith on insureds, much of which concentrates on fraudulent claims.  The Law Commission has invited comments, by 11 October 2010, from those interested in possible reform of this area of law.  Of most relevance are remedies available to insurers when a fraudulent claim is made, and in particular the effect…
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Trevor Davies of Kennedys Law LLP comments on the Law Commission

by Trevor Davies 06/07/10 Comment

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Trevor Davies of Kennedys Law LLP comments on the Law Commission’s consultaion on whether insurers should pay a policyholder for late claims payment Under Scots law, if an insurer refuses to pay a valid insurance claim or only pays after unjustifiable delay, the aggrieved policyholder can also claim compensation (in other words “damages”) from the insurer.  The proviso is that the loss (such as financial hardship) must be foreseeable when the policy contract was entered into. In England and Wales it is different because a policyholder can only claim “damages” for the sum insured (plus interest on the sum assured…
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