Insurance contract law: warranties and other terms

This note provides an overview of the types of terms that are generally included in insurance contracts. It also explains the reforms introduced by the Insurance Act 2015 relating to warranties and risk mitigating terms, such as certain types of condition precedent.

It sets out the remedies available for breach of these terms and identifies the areas of uncertainty which may lead to disputes and litigation. In addition, it provides an overview of the relevance of the Consumer Rights Act 2015 in controlling insurance terms and of the regulatory duties relating to claims handling where there has been a breach of warranty or other insurance term in a consumer insurance contract.