PART 2The duty of fair presentation

3The duty of fair presentation

1

Before a contract of insurance is entered into, the insured must make to the insurer a fair presentation of the risk.

2

The duty imposed by subsection (1) is referred to in this Act as “the duty of fair presentation”.

3

A fair presentation of the risk is one—

a

which makes the disclosure required by subsection (4),

b

which makes that disclosure in a manner which would be reasonably clear and accessible to a prudent insurer, and

c

in which every material representation as to a matter of fact is substantially correct, and every material representation as to a matter of expectation or belief is made in good faith.

4

The disclosure required is as follows, except as provided in subsection (5)

a

disclosure of every material circumstance which the insured knows or ought to know, or

b

failing that, disclosure which gives the insurer sufficient information to put a prudent insurer on notice that it needs to make further enquiries for the purpose of revealing those material circumstances.

5

In the absence of enquiry, subsection (4) does not require the insured to disclose a circumstance if—

a

it diminishes the risk,

b

the insurer knows it,

c

the insurer ought to know it,

d

the insurer is presumed to know it, or

e

it is something as to which the insurer waives information.

6

Sections 4 to 6 make further provision about the knowledge of the insured and of the insurer, and section 7 contains supplementary provision.