Pearse Doherty (Donegal, Sinn Fein) | Oireachtas source

Amendment No. 45 is significant. I cannot get my head around why the first part of section 15(5)(a) is being deleted. This section deals with proportionate remedies. The intention is that where an innocent party is part of a joint insurance contract and is completely innocent but the other party to the contract is guilty of insurance fraud, that the innocent party should not have his or her proportion of the claim denied because they were jointly insured. There are examples of partners or husbands burning down the house and even though they could be separated, there is a joint insurance policy and as a result the wife's claim would be nullified.

The bit that is left in is fine because it deals with cover for loss or damage of property caused by criminal or intentional act, but what it does not cover is personal injury as part of an insurance claim. As an example, consider the case where my wife and I had a joint travel insurance policy, we went to a hotel, the hotel was flooded and we both lodged claims. If she was injured on the holiday but my claim stated I had stayed at another hotel, thereby incurring a bill, but I actually had stayed at a friend's house in Málaga or wherever while my wife was in hospital, my claim would be invalidated. So too would her claim, however, because there was no loss to property or damage. The case I outlined was included in a submission we received on the Bill. My concern is that the claim of the innocent party would be validated but only for loss or damage to property.