Law Commission urges tightening of non-disclosure rules

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Law Commission proposals on non-disclosure intend to clarify rules over when an adviser is representing a customer and when they are acting for the insurer, writes Owain Thomas and Laura Miller.

The draft bill also removes the consumers’ duty to volunteer relevant information when taking out a policy by transferring the onus to insurers to ask the questions it needs to get the specific information they want. An adviser giving impartial advice who conducts a fair analysis of the market and charges the consumer a clear fee is acting for the consumer, according to the bill. However when an adviser places insurance with only a small proportion of possible insurers then the adviser is deemed to be acting for the insurer. Similarly if the insurer allows the agent to use the insu...

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