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


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: