Insurance (Miscellaneous Provisions) Act 2022

Insurance (Miscellaneous Provisions) Act 2022 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2022 Insurance (Miscellaneous Provisions) Act 2022 Insurance (Miscellaneous Provisions) Act 2022 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 11 of 2022 INSURANCE (MISCELLANEOUS PROVISIONS) ACT 2022 CONTENTS

PART 1

General Provisions Section

Section 1

Section 2

PART 2

Amendment of Act of 2018

Section 3

Section 4

PART 3

Insurance measures report

Section 5

Section 6

PART 4

Amendment of Act of 2019 and of Central Bank Act 1942

Section 7

Section 8

Section 9

Section 10

PART 5

Amendment of Regulations of 2015

Section 11

PART 1

General Provisions Short title and commencement 1. (1) This Act may be cited as the Insurance (Miscellaneous Provisions) Act 2022.

Definitions 2. In this Act— “Act of 2018” means the Central Bank (National Claims Information Database) Act 2018 ; “Act of 2019” means the Consumer Insurance Contracts Act 2019 ; “Minister” means the Minister for Finance; “Regulations of 2015” means the European Union (Insurance and Reinsurance) Regulations 2015 ( S.I. No. 485 of 2015 ).

PART 2

Amendment of Act of 2018 Amendment of section 4 of Act of 2018 3.Section 4 of the Act of 2018 is amended, in subsection (1), by the insertion of the following definition: “‘public moneys’ means moneys charged on or issued out of the Central Fund or the growing produce thereof or provided by the Oireachtas;”.

Amendment of section 8 of Act of 2018 4. Section 8 of the Act of 2018 is amended, in subsection (4), by the substitution of the following paragraph for paragraph (e): “(e) details of the costs borne and provisions made associated with dealing with relevant claims, including details of deductions, in respect of payments out of public moneys, made by insurance undertakings from the amounts paid in satisfaction of relevant claims;”.

PART 3

Insurance measures report Interpretation (Part 3) 5. In this Part— “Bank” means the Central Bank of Ireland; “consumer” means a natural person, in the State, who is acting wholly or mainly for purposes unrelated to the person’s trade, business or profession; “home insurance” means insurance in respect of the risks classified under classes 8 and 9 in Part 1 of Schedule 1 to the Regulations of 2015; “insurance intermediary” has the same meaning as it has in the European Union (Insurance Distribution) Regulations 2018 ( S.I. No. 229 of 2018 ); “insurance undertaking” has the same meaning as it has in Part 4 of the Finance (Miscellaneous Provisions) Act 2015 ; “motor insurance” means insurance in respect of the risks classified under classes 1(d), 3, 7 and 10 in Part 1 of Schedule 1 to the Regulations of 2015; “non-life insurance” has the same meaning as it has in the Regulations of 2015; “non-life insurance contract” means a contract entered into by a consumer with an insurance undertaking or an insurance intermediary in respect of non-life insurance; “relevant insurance contract” means a contract entered into by a consumer with an insurance undertaking or an insurance intermediary in respect of home insurance or motor insurance, including where that contract provides for insurance in respect of risks other than those referred to in the definition of home insurance or motor insurance, as the case may be.

Central Bank of Ireland report on insurance measures 6. (1) The Bank shall, within 6 months of the first anniversary of the commencement of this section, prepare and submit to the Minister a report detailing the following: (a) the opinions of the Bank in relation to the oversight of pricing practices of insurance undertakings and insurance intermediaries relating to relevant insurance contracts; (b) the measures the Bank has implemented, if any, in the relevant period in respect of the practice whereby the price offered by an insurance undertaking or insurance intermediary to a consumer in respect of a second or subsequent renewal of a relevant insurance contract is higher than the price that would have been offered by the insurance undertaking or insurance intermediary, as the case may be, to the consumer were the consumer renewing the contract for the first time; (c) the measures the Bank has implemented, if any, in the relevant period in respect of the practice whereby non-life insurance contracts are automatically renewed at the end of their term; (d) the conclusions of the Bank as to whether measures or further measures, as the case may be, should be implemented in respect of all or any of the practices referred to in paragraphs (a), (b), and (c) and the basis for those conclusions.

PART 4

Amendment of Act of 2019 and of Central Bank Act 1942 Amendment of section 16 of Act of 2019 7. Section 16 of the Act of 2019 is amended by the deletion of subsection (10).

Duties of disclosure 8. The Act of 2019 is amended by the insertion of the following sections after section 16: “Mutual duties of disclosure in claims handling 16A. (1) Where, after a claim has been made by a consumer, the consumer or the insurer concerned becomes aware of information (including non‑factual information) that would either support or prejudice the validity of the claim— (a) in a case in which the consumer has become aware of the information, the consumer shall disclose the information to the insurer, and (b) in a case in which the insurer has become aware of the information, the insurer shall disclose the information to the consumer.

Disclosure of deductions from claim settlement 16B. (1) Where an insurer has deducted from a claim settlement any amount, including where the deduction is in respect of amounts paid out of public moneys to a claimant (other than deductions in respect of payments in relation to which a corresponding amount has been paid to the Minister for Social Protection in accordance with Part 11B of the Social Welfare Consolidation Act 2005 ), the insurer shall notify the claimant that an amount has been so deducted.

Amendment of section 18 of Act of 2019 9. Section 18 of the Act of 2019 is amended, in subsection (4) — (a) by the substitution of the following paragraph for paragraph (a): “(a) Where a contract of insurance, under which 2 or more consumers are co-insureds, contains a term or condition excluding coverage for loss or damage to property caused by a criminal or intentional act or omission of a co-insured, the exclusion shall apply only to the claim of a consumer— (i) whose act or omission caused the loss or damage, (ii) who abetted or colluded in the act or omission, or (iii) who consented to the act or omission and knew or ought to have known that the act or omission would cause the loss or damage.”, (b) by the substitution of the following paragraph for paragraph (b): “(b) Nothing in paragraph (a) shall be interpreted as— (i) allowing a person whose property is insured under the contract of insurance to recover more than that person’s proportionate interest in the lost or damaged property, or (ii) affecting the operation of a term or condition in the contract of insurance excluding coverage for loss or damage to property caused by war, an act of terrorism, a nuclear attack or a cyberattack.”, and (c) by the insertion of the following paragraph after paragraph (c): “(d) For the purposes of paragraph (a), 2 or more consumers are each a co-insured under a contract of insurance where each of those consumers— (i) has an interest in the insured property, and (ii) is insured against loss or damage to the insured property.”.

Amendment of Central Bank Act 1942 10. (1) The Central Bank Act 1942 is amended, in Part 1 of Schedule 2, by the substitution of the following item for item 47: “ 47 No. 53 of 2019 Consumer Insurance Contracts Act 2019 Sections 10, 11, 12, 13, 14, 16, 16A and 16B (including those sections as modified by section 10(2) and (3) of the Insurance (Miscellaneous Provisions) Act 2022) ”.

PART 5

Amendment of Regulations of 2015 Amendment of Regulations of 2015 11. The Regulations of 2015 are amended— (a) in Regulation 13A— (i) in paragraph (1) — (I) by the substitution of the following subparagraph for subparagraph (a) : “(a) the person was— (i) immediately before the relevant date, authorised as an insurance undertaking, within the meaning of the Directive, under the law of the United Kingdom or Gibraltar giving effect to the Directive, or (ii) before the relevant date, authorised as an insurance undertaking, within the meaning of the Directive, under the law of the United Kingdom or Gibraltar giving effect to the Directive, but that person’s authorisation was withdrawn prior to the relevant date as a consequence of the commencement of winding-up proceedings or reorganisation measures where such winding-up proceedings or reorganisation measures are, at the relevant date, continuing;”, and (II) in subparagraph (c), by the substitution of the following clause for clause (ii): “(ii) after that date, as regards insurance business in the State, exclusively administers its existing portfolio in order to terminate its activity in the State;”, (ii) in paragraph (2), by the substitution of the following subparagraph for subparagraph (a): “(a) satisfying either of the conditions described in subparagraph (a) of paragraph (1), and”, and (iii) by the substitution of the following paragraph for paragraph (5): “(5) A person to whom this Regulation applies shall— (a) where this Regulation first applies to the person prior to the date on which section 11 of the Insurance (Miscellaneous Provisions) Act 2022 comes into operation, not later than 3 months from the relevant date, notify the Bank of the application of this Regulation to that person, and (b) where this Regulation first applies to the person on or after the date on which section 11 of the Insurance (Miscellaneous Provisions) Act 2022 comes into operation, not later than 3 months from the date on which this Regulation first applies to the person, notify the Bank of the application of this Regulation to that person.”, and (b) in Regulation 13B— (i) in paragraph (1), by the substitution of “subject to paragraph (3) and the modifications specified in paragraph (2) ” for “subject to the modifications specified in paragraph (2) ”, (ii) in paragraph (2) (a) — (I) by the substitution of the following clause for clause (i): “(i) Regulations 13, 14 and 15;”, (II) by the substitution of the following clause for clause (xvii): “(xvii) Regulations 215 to 299;”,

and (III) by the deletion of clause (xviii), and (iii) by the insertion of the following paragraph after paragraph (2): “(3) Where a person to whom Regulation 13A applies carries on reinsurance business in the State, these Regulations shall not apply in respect of that reinsurance business.”.

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