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87 Tul. L. Rev. 1075 (2012-2013)

handle is hein.journals/tulr87 and id is 1141 raw text is: Reform of the Insurance Law of England and Wales-Separate Laws for the Different Needs of Businesses and Consumers Paul Jaffe* his Article examines the English and Scottish Law Commissions' ongoing review of insurance contract law and the demand for its rform. The difference between insurance law in England and the United States is important 6 order to understand the possible recommendations for eform. The Article summanzes the reforms made to date to consumer insurnce law and the recommendations likely to be made regardig disclosures, warranties, and consequential damages for business insurance The Article concludes that the reforms made to consumer insurance law are not appropriate for business insumnce, that the case for reform is not made, and that such reform could likely be harmful I. INTRODUCTION. ................................. 1077 II. HISTORY OF REFORM .................................. 1078 A. History of the Calls for Reform ofEnglish Insurance ContractLaw ............... .......... 1078 B. Application of the Man7e Insurance Act to Non- Marine Insurance.. ......................... 1083 C Two Nations Divided by a Common Language.............. 1084 D Unfair Terms in Consumer Contracts Regulations 1999.................... ............. 1086 E Law Commissions'Insurance ContractLawReform Project............ .............. .....1 086 III. BUSINESS INSURANCE REFORM. ................ ......1 088 A. Main Areas ofReview by the Law Commissions.......... 1088 B. Non-Disclosure. .......................... 1089 1. Existing Law ........................1 089 a. Material Circumstance....... ...... 091 b. Remedy for Breach of Duty To Disclose .................. ......1092 c. Disclosure by Agent Affecting Insurance ....................... 1092 * © 2013 Paul Jaffe. Senior Underwriting and Claims Counsel at Catlin. The views and opinions expressed here are the personal views of the author and not necessarily those of any company in the Catlin Group of companies. The author would like to thank Kate Buzzard for her assistance in preparing this Article. 1075

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