We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

APPENDIX 3 Insurance Act 2015 sections 9, 10, 11, 16 and 17

Law of Insurance Warranties, The


Page 245

APPENDIX 3

Insurance Act 2015 sections 9, 10, 11, 16 and 17

Section 9 Warranties and representations

  • (1) This section applies to representations made by the insured in connection with –
    • (a) a proposed non-consumer insurance contract, or
    • (b) a proposed variation to a non-consumer insurance contract.
  • (2) Such a representation is not capable of being converted into a warranty by means of any provision of the non-consumer insurance contract (or of the terms of the variation), or of any other contract (and whether by declaring the representation to form the basis of the contract or otherwise).

Section 10 Breach of warranty

Section 11 Terms not relevant to the actual loss

  • (1) This section applies to a term (express or implied) of a contract of insurance, other than a term defining the risk as a whole, if compliance with it would tend to reduce the risk of one or more of the following –
    • (a) loss of a particular kind,
    • (b) loss at a particular location,
    • (c) loss at a particular time.
  • (2) If a loss occurs, and the term has not been complied with, the insurer may not rely on the non-compliance to exclude, limit or discharge its liability under the contract for the loss if the insured satisfies subsection (3).
  • (3) The insured satisfies this subsection if it shows that the non-compliance with the term could not have increased the risk of the loss which actually occurred in the circumstances in which it occurred.
  • (4) This section may apply in addition to section 10.

Section 16 Contracting out: non-consumer insurance contracts

  • (1) A term of a non-consumer insurance contract, or of any other contract, which would put the insured in a worse position as respects representations to which section 9 applies than the insured would be in by virtue of that section is to that extent of no effect.
  • (2) A term of a non-consumer insurance contract, or of any other contract, which would put the insured in a worse position as respects any of the other matters provided for in Part 2, 3 or 4 of this Act than the insured would be in by virtue of the provisions of those Parts (so far as relating to non-consumer insurance contracts) is to that extent of no effect, unless the requirements of section 17 have been satisfied in relation to the term.
  • (3) In this section references to a contract include a variation
  • (4) This section does not apply in relation to a contract for the settlement of a claim arising under a non-consumer insurance contract.

Section 17 The transparency requirements


The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, please enter your details below to log in.

Enter your email address to log in as a user on your corporate account.
Remember me on this computer

Not yet an i-law subscriber?

Devices

Request a trial Find out more