FLAXMANS AND THE CII THROW DOWN THE GAUNTLET TO THE INDUSTRY
NON-DISCLOSURE – AVOIDANCE AND THE FORGOTTEN CLAIM
2022 sees the launching of a major campaign to effect changes in the way the insurance industry tackles issues of non-disclosure.
Insurance practice will not change just because we say so – there needs to be a full and informed debate.
We believe that there are a number of opportunities where the insurance industry can build on the protection for the Insured under The Insurance Act 2015 (TIA15).
Our campaign with the CII seeks to introduce a similar, but new market agreement that extends this principle to certain types of non-disclosure disputes.
We feel the time has come for good insurance practice to catch up with the development of technology. It is far better to take the lead and codify best practice rather than waiting for it to be forced on the industry through litigation or legislation. Otherwise, it can appear that we are marking time on fairness and good faith and that the industry is rather more entertained by laying traps for the unwary customer.
If the Ombudsman could see unfairness in 1996 it wouldn’t be too soon to act on it in 2022.
Read our two Factsheets on the subject.