Results 361-380 of 6,295 for speaker:Michael D'Arcy

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 51: In page 13, line 40, to delete “consumer” and substitute “insurer”.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: Burglar alarms are an example. If one has a valid burglar alarm and renews it in a year's time and say it is valid, the warranty would flow.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: Yes.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: The contract.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: Yes. It applies for contracts that get renewed now and in the future. If the Deputy has an existing contract and he has told the insurer that the warranty on his burglar alarm system is sufficient, it is, but when he then renews, he will have to indicate that warranty. It is not all in favour of the consumer. There is a requirement on consumers that, if they have a warranty, it has to be...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: We have asked legal counsel for a specific view about warranties because we want to bring clarity to it.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: We are trying to rebalance the authorisation between the insurer and the insured. There are also some elements that move in the opposite direction.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 52: In page 15, lines 6 and 7, to delete “which the person may incur to a third party, and where” and substitute the following: “that may be incurred by the person to a third party (and such a liability is incurred) then, where either of the following applies”.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: A group of amendments relate to this section and aim to clarify the rights of third parties to claim against an insurer and amendment No. 58, a consequential amendment, inserts a new section 19, which relates to supplemental provisions of section 18. Amendment No. 52 replaces "which the person may incur to a third party, and where" with "that may be incurred by the person to a third party...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 53: In page 15, line 11, to delete “liabilities” and substitute “liability”.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 54: In page 15, lines 18 and 19, to delete “in writing” and substitute “on paper or on another durable medium”.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 55: In page 15, between lines 32 and 33, to insert the following: “(5) For the purposes of this section, a liability is established only if its existence and amount are established and, for that purpose, “establish” means establish— (a) by virtue of a declaration under section 19, (b) by judgment or decree, (c) by an award in arbitral...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 56: In page 16, line 29, to delete “policy” and substitute “contract of insurance”.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 57: In page 16, to delete lines 36 to 41, and in page 17, to delete lines 1 to 5 and substitute the following: “(a) in the case of an individual, the individual is adjudicated bankrupt or there is issued, or there comes into effect, in respect of him or her— (i) a Debt Relief Notice, (ii) a Debt Settlement Arrangement, or (iii) a Personal Insolvency...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 58: “Supplemental provisions in relation to section 18 19.(1) This section applies where a person claims that the person is a person (the “third party”) in whom the rights (against the insurer) of the other person referred to insubsection (1) of section 18(the “insured”) have been vested under that subsection. (2) Where this section...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 59: In page 17, to delete lines 27 and 28 and substitute the following: “(i) the consumer and the other person being members of the same family or being cohabitants, or”. This group of amendments relates to the amendments aimed at clarifying section 19 regarding subrogation. In particular, I propose to replace the reference to "personal relationship"...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 60: In page 18, line 8, to delete “should” and substitute “shall”.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 61: In page 18, between lines 11 and 12, to insert the following: “(3) In this section— (a) the reference to persons being members of the same family shall be construed in accordance with the Employment Equality Act 1998; (b) “cohabitant” has the meaning given to it by the Civil Partnership and Certain Rights and Obligations of...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 62: In page 19, line 10, to delete “clearly informed the consumer in writing” and substitute the following: “informed the consumer on paper or on another durable medium and in terms that are clear and unambiguous”.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 64: In page 19, line 19, to delete “an insurance contract” and substitute “a contract of insurance”.