My Lords, I do not believe that the range of risk will be any greater. Under this Bill, the range of risk to which the insurers are exposed will be brought in line with the current industry best practice and the standards to which insurers are held under FSA rules and by the FOS. There is no extension of the range of liabilities; there is merely—this is an important ““merely””—an alignment, a clarification and an important legal codification of where the duties lie at the point at which the insurance contract is taken out. There is also clarification of the remedies—the remedies that are already applied by the FOS—should a misrepresentation occur. So, yes, the position under the law will change from that of the 1906 Act, but in substance the Bill will put insurers in a position that they are already in under current practice. Therefore, I would not accept that there is a greater range of liabilities and costs to which the insurer is liable; if anything, as I have said, there will be a modest saving because of the clarity that the new architecture will bring.
I have gone on at some length in response to the important questions that have been raised. I will sweep up anything else that I have not had the chance to cover and get back to noble Lords in good time ahead of the Special Public Bill Committee. I hope that I have, nevertheless, responded to as many points as I could this afternoon. I look forward to further discussion in the Special Public Bill Committee in due course.
Motion agreed.
Consumer Insurance (Disclosure and Representations) Bill [HL]
Proceeding contribution from
Lord Sassoon
(Conservative)
in the House of Lords on Monday, 13 June 2011.
It occurred during Debate on bills
and
Second Reading Committee proceeding on Consumer Insurance (Disclosure and Representations) Bill [HL].
About this proceeding contribution
Reference
728 c102GC Session
2010-12Chamber / Committee
House of Lords Grand CommitteeSubjects
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