10th anniversary of the Insurance Act 2015

It is 10 years today since the Insurance Act 2015 received royal assent paving the way for the most significant reform in English insurance law in over 100 years.

We supported our clients in the run up to the Act coming into force a decade ago and worked closely with Airmic, the UK's risk management association, at that time.  To mark the anniversary and to see what impact the Act has had on policyholders and brokers in both the placement of policies and the handling of claims, we are excited to announce that we will be conducting a survey with Airmic in the coming weeks to gather insights and data – watch this space for the launch!

While there have only been a handful of cases on the Insurance Act to date, on this anniversary we wanted to re-share our analysis of this small but growing body of case law.  Click on the links below to access our articles:

• First Insurance Act 2015 decision considers whether an insurer had waived its right to disclosure: Young v Royal and Sun Alliance plc [2019] CSOH 32
• Scottish Appeal Court revisits first Insurance Act 2015 decision on whether an insurer had waived its right to disclosure: Young v Royal and Sun Alliance Insurance Plc [2020] CSIH 25
• Non-disclosure of criminal charges – first Insurance Act 2015 avoidance: Berkshire Assets (West London) Ltd v AXA Insurance UK Plc [2021] EWHC 2689 (Comm)
• First case on the implied term to pay claims within a reasonable time – section 13A Insurance Act 2015: Quadra Commodities S.A. v XL Insurance Company SE and Others [2022] EWHC 431 (Comm)
• Court upholds marine war risks claim, but rejects claim for damages for late payment: Delos Shipholding SA & Ors v Allianz Global Corporate and Speciality SE & Ors [2024] EWHC 719 (Comm)
• Court finds breach of condition precedent relating to pre-contract misrepresentation unenforceable under Insurance Act 2015:  Scotbeef Ltd v D&S Storage Ltd (In Liquidation) [2024] EWHC 341 (TCC)
• First case on section 11 Insurance Act 2015: MOK Petro Energy v Argo (No. 604) Limited (The “F1”) [2024] EWHC 1935 (Comm)
• Peering behind the curtain: Shadow Directors and the duty of fair presentation: Tynefield Care Ltd v The New India Assurance Company [2024]