ABSTRACT
This chapter reviews the evolution of the Law Commission’s thinking on the reform of insurance warranties. During its lengthy interaction with the subject, the Commission often changed its position regarding the optimum approach for addressing the complex issues involved. While there have been some constants in the Commission’s position, the fact that the Commission has wrestled with this subject for over 60 years is testament to both the complexity of the subject and the difficulty in reaching a position which balances the interests of both insured and insurer, while simultaneously garnering wide-ranging support from industry participants. Although the chapter represents a largely chronological summary of the evolution of the Commission’s thinking, it provides a useful mechanism for illustrating and exploring the complexity of the subject and the merits of alternate approaches to reform.
