Reform of the Insurance Law of England and Wales—Separate Laws for the Different Needs of Businesses and Consumers

Article by Paul Jaffe

This Article examines the English and Scottish Law Commissions’ ongoing review of insurance contract law and the demand for its reform. The difference between insurance law in England and the United States is important in order to understand the possible recommendations for reform. The Article summarizes the reforms made to date to consumer insurance law and the recommendations likely to be made regarding disclosures, warranties, and consequential damages for business insurance. The Article concludes that the reforms made to consumer insurance law are not appropriate for business insurance, that the case for reform is not made, and that such reform could likely be harmful.


About the Author

Paul Jaffe. Senior Underwriting and Claims Counsel at Catlin.

Citation

87 Tul. L. Rev. 1075 (2013)