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The Insurance Act 2015 (c.4) is a UK Act of Parliament that makes significant reforms to insurance law.〔Insurance Act 2015 - ISBN 9780105404156〕 It follows on from the Consumer Insurance (Disclosure and Representations) Act 2012 (“CIDRA”). Both of these new Acts are a consequence of the Law Commission's millennium review of the law of insurance in general, and of marine insurance in particular. The Marine Insurance Act 1906 has been amended by these two new Acts. Authors at Clyde & Co wrote: "When the Act comes into force in August 2016, it will (together with the consumer insurance reforms that came into effect in 2013), represent the greatest change to insurance contract law in this country in over 100 years". 〔Jon Turnbull & Michelle Radom: http://www.clydeco.com/insight/updates/view/the-insurance-act-2015〕 The title page announces that "Explanatory Notes have been produced to assist in the understanding of this Act and are available separately".〔 http://lawcommission.justice.gov.uk/areas/insurance-contract-law.htm〕 ==The Act's provisions== Part 1 * The Insurance Act 2015 distinguishes between "consumer" and "non-consumer" insurance contracts, and proceeds to make different provisions for each type. Part 2 addresses the Duty of Fair Presentation * Section 3 (s. 3) imposes upon the insured "a duty to make a fair presentation of the risk" to the insurer. * The insured must disclose (s.3(4)) "(a) every material circumstance which the insured knows or ought to know, or (b) failing that, a disclosure which gives the insurer sufficient information to put a prudent insurer on notice that it needs to make further enquiries ..." * Section 4 defines what the insured knows or ought to know; and Section 5 defines the insurer's knowledge. Part 3 addresses "Warranties and other terms". * Section 9 provides that a representation made by the insured is NOT capable of being converted into a warranty. * Section 10 abolishes "any rule of law that a breach of warranty (express or implied" ... results in the discharge of the insurer's liability". * Section 11 provides that if the insured fails to comply with a term tending to reduce the risk, then the insurer may not rely on such breach if the non-compliance could not have increased the risk. Part 4 addresses "Fraudulent claims". Part 5 addresses "Good faith". * Section 14 provides that "any rule of law permitting a party to a contract of insurance to avoid the contract on the ground that utmost good faith has not been observed by the other party is abolished. * Accordingly, s,14(3) amends s.17 of the Marine Insurance Act 1906 to read: "A contract of marine insurance is a contract based upon the utmost good faith" and that section's subsequent words: "and, if the utmost good faith be not observed by either party, the contract may be avoided by the other party" are now omitted. There are two further parts: Part 6 & Part 7. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Insurance Act 2015」の詳細全文を読む スポンサード リンク
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