Insurance Predictions 2018: Post-Insurance Act Claims Likely

2018 will almost certainly see post-Insurance Act policy

Sixteen months on from the Insurance Act 2015 and we are yet to see the provisions litigated in the courts. However, 2018 will almost certainly see post-Act policy disputes. Here are our predictions of the top seven most likely causes:

1. How will insurers evidence what they would have done when seeking to apply a proportionate remedy?
2. What is considered deliberate or reckless, is it something less than fraud?
3. Excess layers may argue that the loss has not attached to their layer in circumstances where a proportional remedy has been applied.
4. The scope of a fair presentation/reasonable search/knowledge is unclear and corporates and brokers may be exposed to non-disclosure points.