Pearse Doherty (Donegal, Sinn Fein) | Oireachtas source

The section provides in steps the different responsibilities and obligations on an insurance company in respect of paying out a claim proportionately. Where there is a fraudulent claim where somebody deliberately misrepresents their claim, there is no requirement to pay but where the misrepresentation is innocent or negligent, there are requirements to pay out claims in certain regards. For example, the insurer will not be allowed to void the contract on the ground that there was a misrepresentation. The remedy available to the insurer for negligent misrepresentation that is not fraudulent shall be what the insurer would have done if it had been fully aware of the facts. This is important because now it cannot dismiss the entire claim regardless because of a technical or innocent misrepresentation.

The change in this amendment from "not a deliberate or reckless misrepresentation" to "one that was not fraudulent", is a wording issue but does not change the substance and it is a message the insurance industry wanted to send to consumers but is there a substantive change in amendment No. 25 as well or is it just the formulation of the section?