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Title: A critical examination of the disproportionate rights and duties of insurers and insured vis-à-vis good faith, fraud and the settlement of insurance claims
Author: Swaby, Gerald
ISNI:       0000 0004 5993 9178
Awarding Body: University of Huddersfield
Current Institution: University of Huddersfield
Date of Award: 2016
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Over the last 250 years, insurance law has become insurer biased to the detriment of consumers and modern business. Codification of judicial precedents and business practices resulted in the Marine Insurance Act 1906. There have been two attempts since the late 1950s to recommend changes, with reviews made by the English Law Reform Committee and the Law Commission in 1980. In the late 1970s, the insurance industry bought itself out of the Unfair Contract Terms Act 1977. In 1981, non-legal changes came gradually with the introduction of the Insurance Ombudsman Bureau, which took account of the law but followed best practice. With each decade that has passed, changes in practice have deviated away from the strict legal position. The insurer no longer has an agent to arrange policies, collect premiums and complete claims forms. The late 1980s and early to mid-1990s saw the introduction of distance selling via the telephone. The late 1990s, and early into 2000, saw the massive boom in Internet sales, with search engines focused on finding the best competitively priced quotes from insurers; however, the reforms that were needed still did not occur. The Marine Insurance Act 1906 still applied and formed the basis of insurance law for many common law countries which copied the statue verbatim. As a result, these countries also had similar problems as those suffered by the insured in the UK; however, some have undergone bold reforms, as in the case of Australia, unlike the UK, which has lagged behind significantly. The Scottish Law Commission and the Law Commission instigated a joint root-andbranch review of insurance law in 2006, as a result of a British Insurance Law Association paper (Insurance Contract Law Reform and Recommendations to the Law Commission (2002)) that highlighted the discrepancies in the law towards the insured. Unfortunately, however, the Commissions chose to focus on only certain areas. This thesis does not cover these aspects. It is concerned, however, with what could broadly be termed 'good faith', the corresponding duties vis-à-vis the insured and the insurer pre- and post-contract where the insured suffers disproportionately due to the way the law has developed pro-insurer biased. This body of work supporting the award of a PhD examines these corresponding duties where the articles form a basis of a contemporary, critical examination of these duties, and develops suggestions as to how the joint Law Commissions of England and Scotland should have approached changes.
Supervisor: Richards, Paul Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available
Keywords: HF Commerce ; HG Finance