Lloyd's Maritime and Commercial Law Quarterly
An Insurance Contracts Act for a new century?
Sir Andrew Longmore *
It is time that the law and the market should adopt sensible reforms in the law of insurance. The Law Commission should be encouraged once again to consider among other topics: (1) the doctrine of utmost good faith; (2) the test for non-disclosure and misrepresentation; (3) the remedies available to the insurer for non-disclosure and misrepresentation; (4) the doctrine of breach of warranty; (5) proposal forms; and (6) damages for late payment.
I need hardly say what a great honour it is to be invited to give this lecture to you this evening in honour of Pat Saxton. I regret that I did not know him personally. By all accounts he was a remarkable and much loved man. His insurance career began, I think, with the Caledonian Insurance Company. He later joined Willis Faber and broked French Marine Hull risks, in particular. He thus had experience on both sides of the insurance fence, both broking and underwriting. He joined the Chartered Insurance Institute as a Careers Advisory Officer and became its Director-General. He was a tireless and humorous organizer of the British Insurance Law Association and was also chairman of the BILA Charitable Trust meetings under whose auspices I am lecturing this evening. In 1974 he published Allured to Adventure,
a book which explained to young people how alluring an adventure the insurance world could be. He had a strong religious faith and, I understand, compared service in the Merchant Navy with the service Jesus required of his disciples who were, after all, themselves fishermen.
With all the burdens that he willingly undertook, I doubt if he would have altogether approved of the Aesop fable which I would like to take as a slight theme running through this lecture, the fable about one master being as good as another. It is well-known.1
A timid old farmer was grazing his ass in a meadow when all of a sudden he was alarmed by the shouting of some enemy soldiers. “Run for it”, he cried, “so they cannot catch us.” But the ass was in no hurry and said slowly to his master, “Tell me, if I fell into the enemy’s hands, do you think they will make me carry a double load?” “I should not think so”, replied the old farmer. To which the ass replied, “Well then, what does it matter to me what master I serve as long as I only have to bear my ordinary burden.”
It is thought by scholars that the fable dates from the time of the death of Tiberius, whose back everyone was glad to see, until they realized that in his successor, Caligula, they had an even more capricious tyrant.2
Be that as it may, my theme will be that, whatever government is in power, the ass (or, as I shall now call him, the insured) has had
* Lord Justice of Appeal. This is the text of the Pat Saxton Memorial Lecture delivered on 5 March 2001 at the invitation of the trustees of the British Insurance Law Association Trust.
1. Aesop’s Fables
(Penguin, 1954), No. 112, p. 116.
2. Ibid.,
223.
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