Insurable Interest Bill

Similar documents
Consumer Insurance (Disclosure and Representations) Bill [HL]

This consolidation has been compiled by TISA. The association can accept no liability for the accuracy thereof.

Pension Schemes Bill

BERMUDA CORPORATE SERVICE PROVIDER BUSINESS AMENDMENT ACT : 3

Pensions Bill EXPLANATORY NOTES

o The Relationships (Statutory References) Bill, comprising subpart 20 of Part 1, Part 2, and Schedules 13, 13A, 14, and 15

Welfare Benefits Up-rating Bill

Sale of Student Loans Act 2008

Financial Services (Implementation of Legislation) Bill [HL]

Pensions Bill EXPLANATORY NOTES

Finance Bill [AS AMENDED IN COMMITTEE] CONTENTS PART 1. Tax lock

Multi-employer Pension Schemes Bill

Packaging (Extended Producer Responsibility) Bill

Small Charitable Donations and Childcare Payments Bill

Church of England Pensions Measure

General Anti-Tax Avoidance Principle Bill

Double Taxation Treaties (Developing Countries) Bill

Trusts (Capital and Income) Bill [HL]

2017 Income Tax Amendment No. 11 SAMOA

2006 No. 965 SOCIAL SECURITY. The Child Benefit (Rates) Regulations 2006

Social Security Contributions and Benefits (Northern Ireland) Act 1992

Social Security Contributions and Benefits Act 1992

BERMUDA 1995 : 13 STAMP DUTIES AMENDMENT ACT 1995

2012 No. 782 PENSIONS. The Pensions Increase (Review) Order 2012

Pension Schemes Bill

2001 No HEALTH AND PERSONAL SOCIAL SERVICES The Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001

Motor Insurance Regulation Bill

LONG SERVICE LEAVE (AMENDMENT) ACT.

SOCIAL SECURITY (INCAPACITY FOR WORK) ACT 1994 CHAPTER 18

BERMUDA BERMUDA MONETARY AUTHORITY (REGULATORY FEES) AMENDMENT ACT : 58

2014 No. 668 PENSIONS. The Pensions Increase (Review) Order 2014

Commissioners for Revenue and Customs Bill

BERMUDA BERMUDA MONETARY AUTHORITY AMENDMENT ACT : 35

BERMUDA PARTNERSHIPS AND COMPANIES AMENDMENT ACT : 25

Pensions Act 2004 CHAPTER 35 CONTENTS PART 1

NOTICE. Investment Funds Amendment Act 2013

BERMUDA INSURANCE AMENDMENT (NO. 2) ACT : 46

Pensions (Pre-consolidation) Measure

Families with Children and Young People in Debt (Respite) Bill

Pension Schemes Act (Northern Ireland) 2016 CHAPTER 1

AS TABLED IN THE HOUSE OF ASSEMBLY

National Health Service (Injury Benefits) Regulations 1995

United Kingdom Corporate and Individual Tax and Financial Transparency Bill

2013 No. 604 PENSIONS. The Pensions Increase (Review) Order 2013

Youth Unemployment (Commonwealth) Debating Bill

Church of England Pensions Measure

2015 No. 448 PUBLIC SERVICE PENSIONS. The Local Government Pension Scheme (Scotland) Amendment (No. 2) Regulations 2015

Energy and Utilities Administration Amendment (Climate Change Fund) Act 2007 No 35

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

BERMUDA CUSTOMS TARIFF AMENDMENT ACT : 5

Tax Credits Act 2002

The National Health Service (Compensation for Premature Retirement) Regulations Informal Consolidation of amendments as at 13 March 2014

The Individual Savings Account Regulations 1998 (SI 1998 No. 1870)

STATUTORY INSTRUMENTS No PENSIONS

BERMUDA COMPANIES AND LIMITED LIABILITY COMPANY AMENDMENT ACT : 13

The Individual Savings Account Regulations 1998 (SI 1998 No. 1870)

2015 No. 624 NATIONAL DEBT. The National Savings (No. 2) Regulations 2015

BERMUDA PAYROLL TAX AMENDMENT ACT : 16

The Royal Bank of Scotland Group Pension Fund

NATIONAL PENSION SCHEME (OCCUPATIONAL PENSIONS) ACT 1998 BERMUDA 1998 : 36 NATIONAL PENSION SCHEME (OCCUPATIONAL PENSIONS) ACT 1998

BERMUDA INSURANCE ACT 1978

A plan for every business

The Individual Savings Account Regulations 1998 (SI 1998 No. 1870)

Finance (No. 2) Bill

FIRST STATE SUPERANNUATION ACT 1992 No. 100

2015 No. PUBLIC SERVICE PENSIONS. The Local Government Pension Scheme (Scotland) (Amendment No. 2) Regulations 2015

Local Government Pension Scheme (England and Wales)

Number 16 of Social Welfare and Pensions Act 2014

2014 No. 651 EDUCATION. The Education (Student Loans) (Repayment) (Amendment) Regulations 2014

The Royal Bank of Scotland Group Pension Fund

Local Government Pension Scheme (England and Wales)

The Local Government Pension Scheme (England and Wales) Use of accumulated AVCs to provide additional pension under the Scheme

BERMUDA INSURANCE AMENDMENT ACT : 35

The Royal Bank of Scotland Group Pension Fund

CAYMAN ISLANDS. Supplement No. 21 published with Extraordinary Gazette No. 53 of 17th July, MUTUAL FUNDS LAW.

The Local Government Pension Scheme (England and Wales) Purchase of Additional Pension. Applications on or after 1 April 2008

2012 No SOCIAL SECURITY. The Social Security (Information-sharing in relation to Welfare Services etc.) Regulations 2012

The Royal Bank of Scotland Group Pension Fund

THE RURAL AND INDUSTRIES BANK OF WESTERN AUSTRALIA ACT 1987

BERMUDA INSURANCE AMENDMENT (NO. 2) ACT : 31

FAIR AND FAMILY-FRIENDLY WORKPLACES ACT

Number 16 of 2014 SOCIAL WELFARE AND PENSIONS ACT 2014 REVISED. Updated to 1 January 2018

FAMILY ALLOWANCES AND SOCIAL SECURITY (RECIPROCAL AGREEMENT WITH SPAIN) (JERSEY) ACT 1976

REPUBLIC OF VANUATU VALUE ADDED TAX (AMENDMENT) ACT NO. 45 OF 2000

PARENTAL BEREAVEMENT (LEAVE AND PAY) BILL EXPLANATORY NOTES

Limited Partnerships Act, 1907.

This Bill would amend the Income Tax Act, Cap. 73 to provide for the (a)

2018 Bill 17. Fourth Session, 29th Legislature, 67 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 17 TAX STATUTES AMENDMENT ACT, 2018

Tennis For Kids 2018 Participant Terms

I. DECLARATIONS REFERRED TO IN ARTICLE 1(L) OF REGULATION (EC) NO 883/2004 & THE DATE FROM WHICH THE REGULATION WILL APPLY

Pension Schemes (Northern Ireland) Act 1993 (c. 49)

The Individual Savings Account Regulations 1998 (SI 1998 No. 1870)

Flexible Trust. Important notes. 1. This documentation has been produced for consideration by you and your legal advisers.

2019 No. PUBLIC SERVICE PENSIONS. The Local Government Pension Scheme (Miscellaneous Amendments) (Scotland)Regulations 2019

Consolidated Trust Deed Incorporating: UNISUPER

Local Authorities (Goods and Services) Act 1970

NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations

The Individual Savings Account Regulations 1998 (SI 1998 No. 1870)

Pension death benefits discretionary trust.

2014 Bill 9. Second Session, 28th Legislature, 63 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 9

Transcription:

Insurable Interest Bill CONTENTS 1 Definitions 2 Insurable interest 3 Effect of untrue statements 4 Relationship with existing law Exclusion for marine insurance contracts 6 Repeals and consequential amendments 7 Short title, commencement, application and extent Schedule Consequential amendments

Insurable Interest Bill 1 A B I L L Make provision about the law relating to insurable interest TO B E IT ENACTED by the Queen s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1 Definitions In this Act a contract of life-related insurance means a contract of insurance under which the insured event is the death, injury, ill-health or incapacity of an individual, or the life of an individual continuing; insured means the party to a contract of insurance who is the insured under the contract; insurer means the party to a contract of insurance who is the insurer under the contract. 2 Insurable interest (1) A contract of life-related insurance is void unless at the time the insured enters into it the insured has an insurable interest for the purposes of the contract. (2) An insured has an insurable interest if there is a reasonable prospect that the insured will suffer economic loss if the insured event occurs. (3) Other circumstances in which an insured has an insurable interest include, in particular, circumstances where (a) the individual who is the subject of the contract (i) is the insured, (ii) is the spouse or civil partner of the insured or lives with the insured as a spouse or civil partner, (iii) is, or is treated as, the child or grandchild of the insured; (b) the individual who is the subject of the contract is a member of a pension or other group scheme which is administered by the insured (whether as a trustee or otherwise); 1

2 Insurable Interest Bill (c) the contract is for the benefit of the individual who is the subject of the contract, or a nominee of that individual. (4) Where the insured is the trustee of a trust, the insured has an insurable interest for the purposes of a contract in any circumstance where the settlor or truster of the trust would have had an insurable interest for the purposes of that contract. () For the purposes of insurable interest, a contract of life-related insurance may provide that a reference to a category or description of individual includes individuals who do not fall within that category or meet that description at the time the contract is entered into, but who subsequently fall within that category or meet that description (including individuals who are not in existence at that time). 3 Effect of untrue statements (1) If in entering into a contract which is void by virtue of this Act (a) the insured makes an untrue or misleading statement about the insurable interest concerned, and (b) the insured knows the statement is untrue or misleading, or does not care whether or not the statement is true or misleading, the insurer need not return any of the premiums paid. (2) In the case of a consumer insurance contract subsection (1) does not apply to the extent (if any) that it would be unfair to the insured for the insurer to retain the premiums. (3) A consumer insurance contract means a contract of insurance between (a) an individual who enters into the contract wholly or mainly for purposes unrelated to the individual s trade, business or profession, and (b) a person who carries on the business of insurance and who becomes a party to the contract by way of that business (whether or not in accordance with permission for the purposes of the Financial Services and Markets Act 00). 1 2 30 4 Relationship with existing law The provision made by this Act replaces any other rule of law relating to the requirement of an insurable interest for the purposes of a contract of liferelated insurance. Exclusion for marine insurance contracts Nothing in this Act has effect in relation to a contract of marine insurance, as defined by section 1 of the Marine Insurance Act 1906. 3 6 Repeals and consequential amendments (1) In the Life Assurance Act 1774 (a) section 1 is repealed to the extent that it applies in relation to contracts of life-related insurance, and (b) sections 2 and 3 are repealed. 40

Insurable Interest Bill 3 (2) The Marine Insurance Act 1788 and the Marine Insurance (Gambling Policies) Act 1909 are repealed. (3) The Schedule contains consequential amendments. 7 Short title, commencement, application and extent (1) This Act may be cited as the Insurable Interest Act 18. (2) This Act comes into force at the end of the period of two months beginning with the day on which it is passed. (3) This Act applies only in relation to contracts entered into after the Act comes into force. (4) But in relation to any contract entered into before the commencement of this Act, an insured who would have an insurable interest for the purposes of this Act is deemed to have an insurable interest for the purposes of that contract. () This Act extends to England and Wales and Scotland only.

4 Insurable Interest Bill Schedule Consequential amendments SCHEDULE Section 6 CONSEQUENTIAL AMENDMENTS 1 In the Local Government Act 1972, in section 140(3) (insurance by local authorities against accidents to members) and section 140C(3) (provisions supplementary to sections 140A and 140B) for the Life Assurance Act 1774 substitute the Insurable Interest Act 18. 2 In section 86(3) of the Local Government (Scotland) Act 1973 (insurance by local authorities against accidents to members) for the Life Assurance Act 1774 substitute the Insurable Interest Act 18. 3 Section 0 of the Insurance Companies Amendment Act 1973 (validation of certain group policies) is repealed. 4 In section 18 of the Foster Children (Scotland) Act 1984 (avoidance of insurances on lives of foster children) for the words from shall to the end of the section substitute does not have an insurable interest in the child for the purposes of the Insurable Interest Act 18. In paragraph 11 of Schedule 8 to the Children Act 1989 (privately fostered children), for the words from shall to the end of the paragraph substitute does not have an insurable interest in the child for the purposes of the Insurable Interest Act 18. 6 In paragraph 1(3) of Schedule 2 to the Land Drainage Act 1991 (payment of expenses etc of members and officers) for the Life Assurance Act 1774 substitute the Insurable Interest Act 18. 7 Section 99 of the Friendly Societies Act 1992 (insurance of lives of children under ) is repealed. 8 Section 23 of the Civil Partnership Act 04 (civil partners to have unlimited insurable interest in each other) is repealed. 1 2