Birds’ Modern Insurance Law, 9/e

There have been a number of interesting case law developments since the 8th edition, but perhaps the most significant changes in this edition are legislative. Foremost among these has to be the Consumer Insurance (Disclosure and Representations) Act 2012, which affects the first ever significant reform of insurance contract law since its genesis largely in the times of Lord Mansfield in the 18th century. The Commencement Order bringing it into force was made just before this edition went to press. It is almost 50 years since the first official recommendations for reform of the law of non-disclosure and misrepresentation in insurance were made by the Law Reform Committee! However, as the Act has only prospective effect it remains necessary, even for consumer insurance contracts, to be aware of the previous law and it looks likely that core elements of it will be retained under reforms recommended for business insurance contracts. However, as the Act effectively enacts the approach taken by the Financial Ombudsman Service in dealing with insurance complaints and follows the rules of the Financial Services Authority, detailed discussion of the latter can be, and has been, dispensed with.