Oireachtas Joint and Select Committees

Thursday, 11 July 2019

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach

Consumer Insurance Contracts Bill 2017: Committee Stage

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein) | Oireachtas source

This an important section because it deals with the issues of warranties. It is bizarre that this goes back to the 18th century and merchant shipping and so on. I want to be clear about the effect of the section on existing warranties. Section 16(3) states:

Any term in a consumer contract of insurance which purports to convert any statement referred to in subsection (2) into a warranty (as understood in the law concerning insurance warranties prior to the coming into force of this section), including by means of a declared “basis of contract” clause or by any comparable clause (including one described as a warranty, a future warranty, a promissory warranty or a continuing warranty), shall be invalid.

That will be for future warranties and contracts as opposed to existing contracts where a conversation between the consumer and the insurance company has been taken as a warranty.

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