Oliver Saunders
Oliver is a Legal Director in DLA Piper's London office. He advises on complex policy coverage and acts in (re)insurance litigation/arbitration disputes, primarily acting for insurers and reinsurers. He has extensive experience advising London market (Lloyd's and company) and international insurers and reinsurers. He has previously undertaken a secondment to a leading Lloyd's Syndicate.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2011
Experience
- Bryan Cave Leighton Paisner LLP (2009 - 2020)
Membership
- SRA, BILA, IRLA
Qualification
- Law (LLB) – 1st Class Honours (2007)
Education
- University of Manchester (2004 - 2007)
2 Contributions by Oliver Saunders
PRACTICE NOTES
Insurance Act 2015: Fair Presentation, Proportionate Remedies, Warranties, Fraudulent Claims, Contracting Out, TP(RAI)A 2010 and Late Payment Damages (Enterprise Act 2016) — Essentials and Key Cases
Introduction to the Insurance Act 2015
The Insurance Act 2015 (IA 2015) was granted Royal Assent on 12 February 2015 and, save for Part 6, commenced on 12 August 2016. It marks the most far-reaching overhaul of the statutory framework of English insurance contract law since the Marine Insurance Act 1906 (MIA 1906). This Practice Note examines the principal provisions of IA 2015 and the ways in which they reform the law. It also reviews reforms introduced by the Enterprise Act 2016 (EA 2016), with relevant sections taking effect in May 2017. This Practice Note addresses IA 2015 provisions relating to:
the duty of fair presentation
remedies for a breach of that duty
warranties and other terms
fraudulent claims
amendments to the Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010)
contracting out
damages for late payment of insurance claims
The IA 2015 reforms concerning the insured’s duties of disclosure and representations derived from MIA 1906, and the law on warranties, apply by default to all non-consumer insurance contracts (including reinsurance contracts). For the purpose of IA 2015, a...
Insurance & Reinsurance
PRACTICE NOTES
Non-consumer insurance disclosure: fair presentation, brokers' roles, divisibility of risk, remedies, materiality and waiver under the UK Insurance Act 2015—key principles and recent cases
This Practice Note reviews the duty of fair presentation under the Insurance Act 2015 (IA 2015), which applies to non-consumer insurance. For practical guidance on disclosure in the consumer context, see Practice Note: A guide to the Consumer Insurance (Disclosure and Representations) Act 2012. For fuller coverage of IA 2015, see Practice Note: Insurance Act 2015 (IA 2015)—essentials...
Duty of ‘fair presentation’
Under IA 2015, s 3, an insured must give a fair presentation of the risk to the insurer. This duty comprises three distinct elements:
disclosure: the insured must comply with either the ‘primary’ or ‘secondary’ disclosure obligation:
primary duty: the insured must reveal every material circumstance it knows or ought to know. For what is ‘known’, the relevant knowledge is that of those tasked with arranging the insurance on the insured’s behalf, or, alternatively, its senior management. In addition, the assured ought to know what a reasonable search of the information being presented would uncover. What amounts to a reasonable search will vary with the insured’s size and nature of business...
Insurance & Reinsurance
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