Consumer Insurance Contracts Act 2019
Number 53 of 2019
CONSUMER INSURANCE CONTRACTS ACT 2019
REVISED
Updated to 1 January 2023
This Revised Act is an administrative consolidation of the Consumer Insurance Contracts Act 2019. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), enacted 21 December 2022, and all statutory instruments up to and including the Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order 2023 (S.I. No. 1 of 2023), made 9 January 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 53 of 2019
Consumer Insurance Contracts Act 2019
REVISED
Updated to 1 January 2023
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
This Act is not collectively cited with any other Act.
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Insurance (Miscellaneous Provisions) Act 2022 (11/2022)
All Acts up to and including Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), enacted 21 December 2022, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Consumer Insurance Contracts Act 2019 (Commencement) Order 2020 (S.I. No. 329 of 329)
All statutory instruments up to and including Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order 2023 (S.I. No. 1 of 2023), made 9 January 2022, were considered in the preparation of this revision.
Number 53 of 2019
CONSUMER INSURANCE CONTRACTS ACT 2019
REVISED
Updated to 1 January 2023
CONTENTS
1. Interpretation
2. Scope of Act
3. Amendment of Schedule 2 to Central Bank Act 1942
4. Amendment of section 60 of Financial Services and Pensions Ombudsman Act 2017
5. Regulations and codes of practice
6. Effect of codes of practice
7. Insurable interest
8. Pre-contractual duties of consumer and insurer
9. Proportionate remedies for misrepresentation
10. Provision of information relevant to contract of insurance and interpretation of certain terms
11. Right to withdraw from contract of insurance by notice: cooling-off period
12. Renewal of contract of insurance
13. Cancellation of contract of insurance
14. Duties of consumer and insurer at renewal
15. Post-contractual duties of consumer and insurer
16. Claims handling: duties of consumer and insurer
16A. Mutual duties of disclosure in claims handling
16B. Disclosure of deductions from claim settlement
17. Limitations on deferring payment of claim until completion of works, etc., in case of property contracts
18. Proportionate remedies and claims handling
19. Representations by consumer and terms that reduce the risk being underwritten (replacing insurance warranties)
20. Unfair or onerous terms
21. Right of third party to claim against insurer
22. Supplemental provisions in relation to section 21
23. Subrogation: modification in family and personal relationships and in employment
24. Subrogation: distribution of recovered funds
25. Contracts affecting subrogation and third parties
26. Effect of failure to comply with Act
Acts Referred to
Central Bank Act 1942 (No. 22)
Civil Liability Act 1961 (No. 41)
Civil Liability and Courts Act 2004 (No. 31)
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)
Companies Act 2014 (No. 38)
Courts of Justice Acts 1924 to 2014
Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (No. 4)
Data Protection Acts 1988 to 2018
Employment Equality Act 1998 (No. 21)
Financial Services and Pensions Ombudsman Act 2017 (No. 22)
Health Insurance Act 1994 (No. 16)
Life Assurance Act 1774 (14 Geo 3, c. 48)
Life Insurance (Ireland) Act 1866 (29 & 30 Vict., c. 42)
Marine Insurance Act 1906 (8 Edw. 7 c. 41)
Number 53 of 2019
CONSUMER INSURANCE CONTRACTS ACT 2019
REVISED
Updated to 1 January 2023
An Act to reform the law of consumer insurance contracts and to provide for related matters.
[26th December, 2019]
Be it enacted by the Oireachtas as follows: