Pearse Doherty (Donegal, Sinn Fein) | Oireachtas source

It is a welcome amendment because of what the industry is doing in terms of retention. On small claims 5% and 10% are perhaps appropriate, if there is appropriateness to any of this, but on a larger claim that is a substantial amount of money. I will look at the matter again. I signal that I intend to bring possible amendments, in terms of the figures, to this section on Report Stage. I ask the Minister of State to reflect on that as well to see if there is anything there.

In terms of amendment No. 43, I do not understand why section 15(1) is being deleted. It states:

Where an insurer unreasonably withholds payment of a valid claim or unreasonably delays making a payment under a valid claim, the consumer may, in addition to the right to enforce payment of the sums due and any right to interest on those sums, seek damages in accordance with the general law of contract for any consequential loss suffered as a result, and for any non-pecuniary loss and damages, including for stress.

This is something one hopes would never be used, but it tells insurance companies that if they unreasonably delay dealing with a valid claim or unreasonably withhold payment they could be in serious trouble.