ABSTRACT

The legal requirements for the provision of pre-contractual information by the parties to an insurance or reinsurance contract are easy to state. In the final section, the proposals are considered in relation to the impact that they might have on disputes where there are issues about the adequacy of the pre-contractual information which has been provided by a business insured. In that Scoping Paper, the Law Commissions identified the law relating to the provision of pre-contractual information as an area which it had already selected for review. The arguments in favour of reform of the legal requirements for the provision of pre-contractual information in business insurance can be traced from the 1980 Law Commission Report. The Law Commission, in its 1980 report, was also impressed by the point that in cases where an insured had completed a proposal form it might understandably believe that it had given to the insurer the information that the insurer required.