REFORMA PRAVA OSIGURANjA U ENGLESKOJ I NOVINE U VEZI SA PRIJAVOM BITNIH INFORMACIJA OSIGURAVAČU, PRE ZAKLjUČENjA POTROŠAČKIH UGOVORA O OSIGURANjU

JOVANOVIĆ prof. dr Slobodan (Univerzitet Privredna akademija, Pravni fakultet za privredu i pravosuđe, Novi Sad), nsbob@sezampro.rs
SLAVNIĆ prof. dr Jovan (Univerzitet u Novom Sadu), lolesl@eunet.rs

Principles that had been set out in a clear and comprehensible manner by the English Marine Insurance Act 1906 posed courts a difficulty in their application in the current development of insurance law, because they were inadequate for today’s insurance market. Therefore, reform of the certain rules on misrepresentation and nondisclosure of the material facts before the formation of the insurance policy was needed. In this paper, we analyze the changes of the Marine Insurance Act introduced by the Consumer Insurance (Disclosure and Representations) Act 2012 and the Insurance Act 2015 regarding the standard of consumer’s reasonable care, principle of utmost good faith, avoidance, duty of disclosure and consequences of deliberate or reckless disclosure, avoidance in case of warranty breach and criteria for determining what party the agent works for. The authors do not look at the changes in other pieces of legislation, particularly not regulating disclosure and representations in consumer insurance policies. Furthermore, the authors cite views of the bill proposer and reputable English legal academics on these issues and outline importance of making familiar with those changes for all who wish to place insurance directly or through the intermediary on the London and Lloyd’s markets.

Keywords: insurance, consumer, utmost good faith, reasonable care, deliberate, reckless, warranties, agent