Consumer Insurance Contracts Act 2019

F2[Disclosure of deductions from claim settlement


16B. (1) Where an insurer has deducted from a claim settlement any amount, including where the deduction is in respect of amounts paid out of public moneys to a claimant (other than deductions in respect of payments in relation to which a corresponding amount has been paid to the Minister for Social Protection in accordance with Part 11B of the Social Welfare Consolidation Act 2005), the insurer shall notify the claimant that an amount has been so deducted.

(2) The notification referred to in subsection (1) shall—

(a) specify the amount of the deduction,

(b) specify the reason why that amount has been deducted from the claim settlement, and

(c) be provided to the claimant on paper or another durable medium.

(3) In this section—

"claimant" means a consumer who has made a claim under a relevant contract of insurance;

"claim settlement" means the amount payable to a claimant in respect of a claim under a relevant contract of insurance, before any deduction, whether in accordance with that contract or otherwise, is made by the insurer;

"public moneys" means moneys charged on or issued out of the Central Fund or the growing produce thereof or provided by the Oireachtas;

"relevant contract of insurance" means a contract of insurance in respect of non-life insurance.]




Inserted (1.01.2023) by Insurance (Miscellaneous Provisions) Act 2022 (11/2022), s. 8, S.I. No. 346 of 2022, art. 5.

Modifications (not altering text):


Reference to "insurer" construed in limited circumstances (8.07.2022) by Insurance (Miscellaneous Provisions) Act 2022 (11/2022), s. 10(2), S.I. No. 346 of 2022, art. 3.

Amendment of Central Bank Act 1942

10. ...

(2) With respect to the amendment effected to the Central Bank Act 1942 by subsection (1), and that amendment only and so as not to affect the operation of the general law specified in subsection (3), where a reference occurs in section 10, 11, 12, 13, 14, 16, 16A or 16B of the Act of 2019 to “insurer”, that reference shall be construed, where an insurance intermediary is acting on behalf of an insurer, as including a reference to the insurance intermediary.

(3) The general law referred to in subsection (2) is the general law whereby an act or omission done or made by an agent, such as an insurance intermediary, on behalf of an insurer is regarded as an act or omission done or made by the insurer.