Consumer Insurance (Disclosure and Representations) Act 2012

The LMA and Clyde & Co have jointly prepared guidance on the above Act, which came into force on 6 April 2013. The Act removes the duty on Consumers to disclose any facts that a prudent Insurer would consider material, and replaces this with a duty on Consumers to take "reasonable care" not to make a misrepresentation. This has significant implications for all Managing Agents, and Coverholders acting on their behalf, in relation to Consumer business as defined in the Act.

The guidance provides best practice recommendations for reviewing policy wordings/certificates and other documentation, as well as claims processes, in order to comply with the Act. These recommendations are purely illustrative and established and distributed for the guidance of Members, who may agree different individual terms and conditions.

Enquiries about this Guidance should be directed in the first instance to: Alison Colver, LMA (alison.colver@lmalloyds.com) or to one of the contacts provided at Clyde & Co.

Neil Smith
Head of Underwriting