Differences between Irish insurance and UK insurance law
Produced in partnership with Sean O'Halloran, Joe Eizenberg, Jack Swayne and Tara Cosgrove of Beale & Co
Differences between Irish insurance and UK insurance law

The following Insurance & Reinsurance practice note produced in partnership with Sean O'Halloran, Joe Eizenberg, Jack Swayne and Tara Cosgrove of Beale & Co provides comprehensive and up to date legal information covering:

  • Differences between Irish insurance and UK insurance law
  • Introduction to insurance in Ireland
  • The Consumer Contracts Act 2019—a brief overview
  • Changes to duties of consumers and insurers post-claim
  • Representations replace warranties and the abolition of basis of contract clauses
  • New rights in favour of third parties
  • Limits to insurers’ subrogation rights
  • Abolition of requirement of insurable interest in consumer insurance contracts
  • Limits on deferring payments in property damage claims
  • Unfair terms and cooling-off periods
  • More...

Differences between Irish insurance and UK insurance law

This Practice Note examines the key differences between Irish insurance law and UK insurance law and will cover:

  1. the Consumer Insurance Contract Act 2019 (CICA 2019)—a brief overview

  2. the difference between consumer and non-consumer contracts in Ireland

  3. the difference between the Irish rules regarding fair presentation, the duty of disclosure and utmost good faith compared with the Insurance Act 2015 (IA 2015) and the Marine Insurance Act 1906 (MIA 1906)

  4. Irish provisions relating to prompt payment of claims compared with the Enterprise Act 2016 (EA 2016)

  5. the differences between the Irish Consumer Contracts Act 2019 and the UK Consumer Insurance (Disclosure and Representations) Act 2012 (CI(DR)A 2012)

  6. the Civil Liability Act 1961 (CLA 1961) compared to the Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010)

  7. arbitration clauses

  8. role of the Central Bank of Ireland compared to the role of the UK Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA)

  9. horizon scanning

Introduction to insurance in Ireland

Ireland is a small, English-speaking country with a low-tax economy. A part of the UK until 1922, Ireland retains a common law legal system and has carried over much UK legislation post-independence. Similarly, jurisprudence in Irish courts today continues to mirror that of English and Commonwealth courts. Notwithstanding its shared legal and judicial history, Ireland remains a committed member of the

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