Duty of Fair Presentation

Duty of Fair Presentation

The terms of any insurance that we arrange on your behalf will be based upon the information provided by you.

You are responsible under the Insurance Act 2015 for providing complete and accurate information which insurers require in connection with any proposal for insurance cover. You have a duty to give a fair presentation of risk to the insurer. You should disclose every material circumstance relevant to the risk being insured following a reasonable search within your business to identify and verify such information. This should include information which you and, where applicable, your senior management, persons responsible for arranging your insurance or other relevant third parties know or ought to know. It should include all information that would influence the judgement of the insurer or that would put the insurer on notice that it needs to make further enquiries.

Examples of material circumstances are:
• Special or unusual circumstances relating to the risk.
• Any particular concerns which led you to seek insurance cover for the risk; and
• Anything which those concerned with the class of insurance and field of activity in question would generally
understand as being something that would be dealt with in a fair presentation of risks for this type of insurance.

The information must be presented in a way which would be reasonably clear and accessible to a prudent insurer. If you are unsure whether to disclose any information you should speak to us. You need to take into account the size & complexity of your business, and allow yourself sufficient time before your renewal date to consider and / or assess your insurance requirements.

Failure to provide a ‘fair representation’ may result in a number of remedies by the insurer. If the breach was deliberate or reckless the insurer can void the contract and keep the premium. If the breach was not deliberate or reckless the insurer can void the contract, proportionately reduce a claim settlement or amend the insurance policy terms and conditions then review the merits of a claim on this basis.

You should therefore always provide complete and accurate information to us when questioned regarding the insurance risks your business faces before taking out a policy, at renewal and throughout the life of the policy. This also applies to your responses in relation to any assumptions you may agree to in the process of applying for insurance cover.

Statements of Fact ‐ The information stated below and referred to in our report has been supplied to us by you. It is essential this information remains accurate and up‐to‐date. Please review any statements and advise immediately if any are incorrect. Neither you, as the Insured, nor any partner or director of officer in your business have:

• been convicted or charged (but not yet tried) with a criminal offence (other than a minor motoring offence).
• received an official caution for a criminal offence within the last three years (other than a motoring offence).
• ever been declared bankrupt and/or been a director of a Company which has gone into liquidation, administration or receivership or is currently subject to a CCJ.
• ever knowingly failed to conform to legislation pertaining to Health & Safety at work activities or any other
Regulatory Authority.

Neither you, as the Insured, nor any partner or director of officer in your business has had an Insurer ever:

• declined a proposal.
• not invited a renewal.
• cancelled or refused to renew a policy.
• imposed special conditions or requested extra precautions to be taken by you or any partner or director or officer in your business.