On 24 September 2015 I attended Practical Law’s breakfast roundtable, Preparing for the Insurance Act 2015.
The discussion was led by James Mills, Legal Counsel at RSA with responsibility for UK & WE Commercial Lines, and Richard Breavington, a partner in the Insurance and Reinsurance department at Reynolds Porter Chamberlain LLP.
The roundtable participants – a diverse mix of legal and insurance professionals – considered the implications of the Insurance Act 2015 from all perspectives. They also examined the practical challenges ahead for the insurance market as it seeks to implement the new regime, which comes into force in August 2016.
Since the roundtable took place under Chatham House rules, I cannot divulge all that was discussed. However, I can say that James and Richard steered the participants through a lively and thought-provoking debate, commencing with a topical discussion of the new provisions on damages for late payment of insurance claims which were included in the Enterprise Bill 2015 published last week.
Other issues covered during the session included attribution of knowledge to both insureds and insurers under sections 4, 5 and 6 of the Act, and the “proportionate remedies” which Schedule 1 to the Act introduces for breach of the duty of fair presentation.
The Act heralds significant changes in the insurance landscape, affecting both the industry and its customers. How this will all play out remains to be seen, but it seems inevitable that judicial guidance will be required on some of the more difficult statutory provisions. The question is, who will take the test case initiative: insurers or insureds?
Practical Law’s roundtable events are an excellent opportunity to debate emerging issues with other practitioners, to share views, experience and practical guidance, and to network with a wide range of industry professionals. They are provided by Practical Law’s online learning and conference solution at legalpd.com.