Michael D'Arcy (Wexford, Fine Gael) | Oireachtas source

I move amendment No. 39:

In page 11, lines 24 and 25, to delete “, provided those terms comply with the requirements of section 17”.

I propose a number of amendments to section 14. The primary purpose of these amendments is to implement recommendation 8 of the motor insurance report and recommendation 10 of the employer and public liability insurance report to ensure policyholders are notified of claims being made against their policy. In particular, there is a requirement being made for insurers to engage with policyholders on a claim, including by giving them an opportunity to submit relevant evidence to the insurer in regard to the claim. There is also a requirement for the insurer to notify policyholders of the outcome of the claim, including the amount for which it has been settled. It is important to note that this proposal is made on the basis that it cannot prejudice the right of an insurer to make the ultimate determination on such matters.

It is proposed to amend section 14(5) to remove overlaps with the consumer protection code. The new text is found in section 14(6) and (7). It is proposed to delete section 14(6) as the matter is covered in more detail in the consumer protection code.

It should be noted that I propose not to proceed with the first amendment to section 14 for the moment, that is, the deletion of the wording “provided those terms comply with the requirements of section 17”. This is because section 17 is one of the areas the advisory counsel is examining. Therefore, depending on the outcome of this review, I may come back to this matter on Report Stage.