Insurance Companies Act 1982 (repealed)

Valid from 01/07/1994

Information before contract of general insuranceU.K.

3(1)This paragraph applies to a contract entered into by a UK or EC company or a member of Lloyd’s if—

(a)the effecting of the contract constitutes—

(i)the carrying on in the United Kingdom of general business which is not reinsurance business; or

(ii)the provision there of general insurance; and

(b)the risk covered by the contract is situated in the United Kingdom.

(2)Before entering into a contract to which this paragraph applies, the company or member (“the insurer”) shall, if the other party (or one of the other parties) to the contract is an individual, inform that party in writing—

(a)of any arrangements which exist for handling complaints concerning the contract including, where appropriate, the name and address of any body which deals with complaints from any party to the contract;

(b)that the existence of a complaints body does not affect any right of action which any party to the contract may have against the insurer; and

(c)as to whether the parties to the contract are entitled to choose the law applicable to the contract and—

(i)if so, of the law which the insurer proposes to choose; and

(ii)if not, of the law which will be so applicable.

(3)If the information required by sub-paragraph (2) above is furnished otherwise than in writing before the time when the contract is entered into, there is a sufficient compliance with that sub-paragraph if it is also furnished in writing as soon as practicable after that time.

4

4(1)Subject to sub-paragraph (2) below, this paragraph applies to a contract to which paragraph 3 above applies.

(2)This paragraph does not apply to a contract entered into by a UK company or a member of Lloyd’s unless the effecting of the contract constitutes the provision of general insurance in the United Kingdom.

(3)Before entering into a contract to which this paragraph applies, the UK or EC company or the member of Lloyd’s (“the insurer”) shall, unless the contract is for the coverage of large risks only, inform the other party to the contract in writing of the member State in which is situated the establishment which will cover the risks; and any document issued to that party by the insurer shall also contain that information.

(4)If the information required by sub-paragraph (3) above is furnished otherwise than in writing before the time when the contract is entered into, there is a sufficient compliance with that sub-paragraph if it is also furnished in writing as soon as practicable after that time.

(5)Any relevant document issued by the insurer in relation to a contract to which this paragraph applies shall state—

(a)the address of the establishment through which the risk is to be covered; and

(b)where the contract relates to relevant motor vehicle risks and the effecting of the contract constitutes the provision of insurance in the United Kingdom, the name and address of the claims representative.

(6)In this paragraph “relevant document”, in relation to a contract to which this paragraph applies, means any proposal, policy or other document which, or statements contained in which, will or may bind the other party to the contract.