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Final provision11Consequential provision

(1)    Any rule of law to the same effect as the following is abolished in relation to consumer insurance contracts—

(a)    section 18 of the Marine Insurance Act 1906 (disclosure by assured),

(b)    section 19 of that Act (disclosure by agent effecting insurance),

(c)    section 20 of that Act (representations pending negotiation of contract).

(2)    The Marine Insurance Act 1906 is amended as follows—

(a)    in section 18, at the end add—

“(6)    This section does not apply in relation to a contract of marine insurance if it is a consumer insurance contract within the meaning of the Consumer Insurance (Disclosure and Representations) Act 2012.”;

(b)    in section 19, the existing text becomes subsection (1), and after that add—

“(2)    This section does not apply in relation to a contract of marine insurance if it is a consumer insurance contract within the meaning of the Consumer Insurance (Disclosure and Representations) Act 2012.”;

(c)    in section 20, at the end add—

“(8)    This section does not apply in relation to a contract of marine insurance if it is a consumer insurance contract within the meaning of the Consumer Insurance (Disclosure and Representations) Act 2012.”.

(3)    In section 152 of the Road Traffic Act 1988 (exceptions to duty of insurers to satisfy judgment against persons insured against third-party risks), in subsection (2)—

(a)    in paragraph (a), after “avoid it” insert “either under the Consumer Insurance (Disclosure and Representations) Act 2012 or, if that Act does not apply,”;

(b)    in paragraph (b), after “policy or security” insert “under that Act or”, and for “it” substitute “the policy or security”.

(4)    In Article 98A of the Road Traffic (Northern Ireland) Order 1981 (SI 1981/154 (NI)) (exceptions to duty of insurers to satisfy judgment against persons insured against third-party risks), in paragraph (2)—

(a)    in sub-paragraph (a), after “avoid it” insert “either under the Consumer Insurance (Disclosure and Representations) Act 2012 or, if that Act does not apply,”;

(b)    in sub-paragraph (b), after “policy or security” insert “under that Act or”, and for “it” substitute “the policy or security”.

NOTES
Initial Commencement
To be appointed

To be appointed: see s 12(2), (3).
Marine Insurance97 Transport Law94 Insurance Contract95 Contract Law95 Admiralty, Shipping & Navigation97 Terms95 Types of Insurance99 Insurance Law99 Risk91 Commercial Law96 Road Transport94 Agency96 Proof of Terms95

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