Some Reflections on Consumer Protection and the Requirement of Anticipating Behaviour of A Prudent Insurer

Abstract

Insurers are increasingly reminded of the fact that they are the professionals in situations where the insured risks becoming the victim of the fact that he is a layperson, and may lose his insurance coverage unless the insurer takes positive action. This paper sets out some instances in which such positive action should be required from a prudent insurer, such as duty to warn or inform the policyholder/insured, and the consequences for the insurer if he does not fulfill these duties.