Reforming the Duty of Disclosure: The Emerging Shift Towards Consumer Protection in Contemporary Insurance Law

This article examines the evolution of insurance contract law reforms, focusing on the shift towards a more policyholder-friendly approach to disclosure duties in some Civil Law and Common Law countries. Traditionally, insurance law favoured insurers, but recent reforms have increasingly prioritised consumer protection by adopting inquiry-based disclosure and restricting insurers’ rights to void contracts for non-disclosure. Through a comparative analysis, this article examines the alignment between Germany and the UK in reforming disclosure duties, which has driven a broader movement towards policyholder protection. Influenced by these developments, legal reforms in various jurisdictions have enhanced transparency and fairness by reducing policyholders’ disclosure burdens while increasing insurers’ responsibilities. As the insurance landscape evolves, ongoing legal reforms must prioritise policyholder protection, addressing emerging challenges from digitalisation and technological innovation, with this shift towards policyholders set to become the leading force in shaping a more equitable, consumer-centric regulatory framework.