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Chapter
Insurance Contract Law Reform in England/Wales and Scotland
DOI link for Insurance Contract Law Reform in England/Wales and Scotland
Insurance Contract Law Reform in England/Wales and Scotland book
Insurance Contract Law Reform in England/Wales and Scotland
DOI link for Insurance Contract Law Reform in England/Wales and Scotland
Insurance Contract Law Reform in England/Wales and Scotland book
ABSTRACT
The issue of insurance law reform has been referred to the Law Commission or its predecessor on three occasions. In England, case law and the Gambling Act 2005 appear to have abolished the requirement of insurable interest in indemnity insurance. The great advantage of the English common law system is that the law develops through cases and precedent in a controlled fashion. The parties have a fair degree of certainty but the law can still adjust to new developments, new technology and changes in social attitudes. An overwhelming majority of consultees supported the need to reform insurance contract law, particularly for consumers. Most consultees wanted all types and classes of insurance to be included within the reforms. The law currently requires the policyholder to have “an interest”, which is normally a financial concern, in the subject-matter of the insurance in order to bring a claim.