Insurance contract law is archaic and unfair. Many of its principles date from the eighteenth century and law developed for transactions in the coffee houses of Georgian London is unsurprisingly capable of causing injustice when applied to modern consumer contracts.

The real harm in insurance law is that it frequently provides a basis on which an insurer may deprive a consumer of the benefits of a policy, even where to do so is unreasonable and disproportionate. In particular, if the insurer was induced to enter into the contract by the misrepresentation or non-disclosure of a material fact it may avoid the policy from outset, or if the consumer breaches a warranty — a term of the policy akin to a promise — cover ceases immediately...

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