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The Insurance Act 2015 – Duty of Fair Presentation

The Insurance Act 2015 (TIA 2015) took effect on 12th August 2016, described by UK Government as the ‘biggest reform to insurance contract law since the Marine Insurance Act (MIA) of 1906’. The latter contained provisions, which entitled insurers to avoid cover for non-disclosure and terminate for breach of warranty. TIA 2015, on the other hand, modernises how insurers approach commercial insurance policies that are entered into (or are amended) from the new legislation date.

TIA 2015 has created a new ’duty of fair presentation’ and will apply to all insurance contracts worldwide that are subject to English law when arranging your insurance. This means you and your insurance provider have an obligation to:

  • Disclose material facts that you know or ought to know about the risk
  • Disclose sufficient information in a reasonably clear and accessible manner to put a prudent insurer on notice that it needs to make further enquiries to reveal such material circumstances
  • Not make a misrepresentation


There is a continuing duty for you to disclose all material facts when arranging your insurance and to disclose any changes in material facts when renewing and/or during the lifetime of the policy.


The onus is on you.

A material fact is information an insurer would regard as likely to influence the acceptance and assessment of your risk proposal. If you are in doubt as to whether to disclose certain information, our advice is to do so – share/disclose anything you think may be relevant. The onus is on you.

Providing you fulfil your obligations under the new legislation you can expect some positive outcomes in return as TIA 2015 imposes increased responsibility upon insurers to behave fairly and reasonably when you make a claim.

It is worth noting that if it can be shown you have made a deliberate or reckless failure to disclose issues of relevance insurers may avoid the policy.

We’re here to help.

Don’t let any of the above burden you or create uncertainty about how your insurances will be affected. TL Dallas are on hand to help and if you have any concerns please get in touch.

The Insurance Act 2015 can be viewed in full at legislation.gov.uk

 

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