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Insurance Act 2015
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9(1)This paragraph applies if—
(a)a qualifying breach was neither deliberate nor reckless, and
(b)the total premium was increased or not changed as a result of the variation.
(2)If, in the absence of the qualifying breach, the insurer would not have agreed to the variation on any terms, the insurer may treat the contract as if the variation was never made, but must in that event return any extra premium paid.
(3)If sub-paragraph (2) does not apply—
(a)if the insurer would have agreed to the variation on different terms (other than terms relating to the premium), the variation is to be treated as if it had been entered into on those different terms if the insurer so requires, and
(b)paragraph 11 also applies if (in the case of an increased premium) the insurer would have increased the premium by more than it did, or (in the case of an unchanged premium) the insurer would have increased the premium.
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