John is a partner specialising in insurance disputes with a particular focus on Energy, Industrial, and Institutional risks. John qualified as a solicitor in Hong Kong as well as in England, and is a Solicitor Advocate.
John joined Fenchurch Law after 20 years at Clifford Chance, and six years at DLA Piper, where he acted for insurers, brokers, and policyholders in disputes arising in the London market and internationally.
The Consumer Insurance (Disclosure and Representations) Act 2012 (CI(DR)A 2012) changed the obligation for policyholders to volunteer information to insurers, replacing it with a duty to take reasonable care not to make misrepresentations when answering questions from the insurer. This Practice Note looks at the background to the implementation of CIDRA 2012 and provides an overview of some of the main provisions in CIDRA in relation to consumer insurance and duty of care for misrepresentation in consumer insurance.
This Practice Note provides an overview of some of the most common types of insurance that are available, who might need them, and how they work. Generally speaking, insurance is divided into two categories: (a) insurance for consumers, and (b) insurance for businesses. For consumers, the relevant statutory regime is the Consumer Insurance (Disclosure and Representations) Act 2012 (the 2012 Act) (CI(DR)A 2012). The 2012 Act defines a consumer as an ‘individual who enters into the contract wholly or mainly for purposes unrelated to that individual’s business trade or profession’. For businesses, the legislative framework is the Insurance Act 2015 (the 2015 Act) (IA 2015). The 2015 Act represents a paradigm shift away from what was considered to be an outdated and insurer-friendly regime, and is intended to ensure a ‘better balance of interests between policyholders and insurers’.
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