CONSUMER INSURANCE CONTRACTS - Law …

1 REPORT(LRC 113 - 2015 ) CONSUMER INSURANCE CONTRACTSThe Law Reform Commission is an independent statutory body established by the Law Reform Commission Act 1975. The Commission s principal role is to keep the law under review and to make proposals for reform, in particular by recommending the enactment of legislation to clarify and modernise the Commission s law reform role is carried out primarily under a Programme of Law Reform. Its Fourth Programme of Law Reform was prepared by the Commission following broad consultation and discussion.

2 In accordance with the 1975 Act it was approved by the Government in October 2013 and placed before both Houses of the Oireachtas. The Commission also works on specific matters referred to it by the Attorney General under the 1975 Act. The Commission s Access to Legislation project makes legislation more accessible online to the public. This includes the Legislation Directory (an electronically searchable index of amendments to Acts and statutory instruments), a selection of Revised Acts (Acts in their amended form rather than as enacted) and the Classified List of Legislation in Ireland (a list of Acts in force organised under 36 subject-matter headings).

3 +353 1 Shelbourne Road Dublin 4 IrelandADDRESSTELEPHONEFAXEMAILWEBSITE+3 53 1 6377601 The Law Reform Commission is a statutory body established by the Law Reform Commission Act 1975E20 CONSUMER INSURANCE CONTRACTSREPORTLRC 113 REPORT CONSUMER INSURANCE CONTRACTS (LRC 113 2015 ) COPYRIGHT Law Reform Commission FIRST PUBLISHED JULY 2015 ISSN 1393-3132 ii LAW REFORM COMMISSION S ROLE The Law Reform Commission is an independent statutory body established by the Law Reform Commission Act 1975.

4 The Commission s principal role is to keep the law under review and to make proposals for reform, in particular by recommending the enactment of legislation to clarify and modernise the law. Since it was established, the Commission has published over 190 documents (Working Papers, Consultation Papers, Issues Papers and Reports) containing proposals for law reform and these are all available at Most of these proposals have contributed in a significant way to the development and enactment of reforming legislation.

5 The Commission s role is carried out primarily under a Programme of Law Reform. Its Fourth Programme of Law Reform was prepared by the Commission following broad consultation and discussion. In accordance with the 1975 Act, it was approved by the Government in October 2013 and placed before both Houses of the Oireachtas. The Commission also works on specific matters referred to it by the Attorney General under the 1975 Act. The Commission s Access to Legislation project makes legislation in its current state (as amended rather than as enacted) more easily accessible to the public in three main outputs: the Legislation Directory, the Classified List and the Revised Acts.

6 The Legislation Directory comprises electronically searchable indexes of amendments to primary and secondary legislation and important related information. The Classified List is a separate list of all Acts of the Oireachtas that remain in force organised under 36 major subject-matter headings. Revised Acts bring together all amendments and changes to an Act in a single text. The Commission provides online access to selected Revised Acts that were enacted before 2006 and Revised Acts are available for all Acts enacted from 2006 onwards (other than Finance and Social Welfare Acts) that have been textually amended.

7 Iii MEMBERSHIP The Law Reform Commission consists of a President, one full-time Commissioner and three part-time Commissioners. The Commissioners are: President: Mr Justice John Quirke, former judge of the High Court Full-time Commissioner: Finola Flanagan, Barrister-at-Law Part-time Commissioner: Donncha O Connell, Professor of Law Part-time Commissioner: Ms Justice Marie Baker, judge of the High Court Part-time Commissioner: Tom O Malley, Barrister-at-Law iv LAW REFORM RESEARCH STAFF Director of Research: Raymond Byrne BCL, LLM (NUI), Barrister-at-Law Legal Researchers.

8 Owen Garvey BA, LLB (NUI), Barrister-at-Law Kerri McGuigan LLB (Dub), LLM (UCL), Attorney-at-Law (New York) Michael O Sullivan BCL (NUI), Dip IT (DCU), Solicitor Fiona O Regan BCL, LLM, PhD (NUI) Tara Smith BCL, LLM, PhD (NUI), Attorney-at-Law (New York) ACCESS TO LEGISLATION Project Manager: Alma Clissmann, BA (Mod), LLB, Dip Eur Law (Bruges), Solicitor Deputy Project Manager: Jane Murphy LLB (UL), LLM (NUI), Barrister-at-Law v ADMINISTRATION STAFF Head of Administration: Deirdre Fleming Executive Officer: [Currently vacant] Staff Officer: Annmarie Cowley Clerical Officers: Liam Dargan Brian Purcell Library and Information Manager: rla Gillen, BA, MLIS PRINCIPAL LEGAL RESEARCHER FOR THIS REPORT Denise Roche BCL (Int.)

9 , Solicitor vi CONTACT DETAILS Further information can be obtained from: Head of Administration Law Reform Commission 35-39 Shelbourne Road Ballsbridge Dublin 4 Telephone: +353 1 637 7600 Fax: +353 1 637 7601 Email: Website: vii ACKNOWLEDGEMENTS The Commission would like to thank the following who provided valuable assistance: Dr Oluyemisi Awoye Roderick Bourke, Solicitor, McCann FitzGerald Solicitors Austin J Buckley, Chartered INSURANCE Practitioner Robert Buttle, Swiss Re Europe SA John Casey, CEO, Motor Insurers Bureau of Ireland Prof Robert Clark, Emeritus Professor of Law, University College Dublin Michael Corrigan, Corrigan & Corrigan, Solicitors Bill Cox, Department of Jobs, Enterprise and Innovation Deirdre Fagan, Solicitor, AXA Legal Services Solicitors Kevin Fingleton, Marsh Ireland Robert Fitzpatrick.

10 Barrister-at-Law April Gilroy, Solicitor, Matheson, Solicitors Emer Gilvarry, Solicitor, Mason Hayes & Curran Brian Hunt, Solicitor, Head of Government & Industry Affairs, Zurich INSURANCE Ireland plc Julie K Hutchison, Head of International Technical Insight, Standard Life Mr Justice Ronan Keane Mike Kemp, INSURANCE Ireland John Larkin, Solicitor, William Fry Solicitors Mary-Michelle O Connor, Aviva INSURANCE Europe SE Paulyn Marrinan Quinn, Senior Counsel, former INSURANCE Ombudsman of Ireland Bernie Mooney, CONSUMER Protection, Banking & Policy, Central Bank of Ireland Liam Reidy, Senior Counsel Emma Roche-Cagney, Barrister-at-Law Bernard Sheridan, Director of CONSUMER Protection, Central Bank of Ireland Full responsibility for this publication lies, however, with the Commission.