Fair presentation of the risk

The Consumer Insurance (Disclosure and Representations) Act 2012 (CIDRA) has fundamentally altered an insured’s duty of disclosure in consumer insurances from one of utmost good faith to one that requires the consumer to take ‘reasonable care’ not to make misrepresentations.

Insurers may still insist that consumers provide a fair presentation of the risk, but what is fair will be circumscribed by the scope of the new duty under CIDRA.

The recent case of Bate v Aviva Insurance UK Ltd (2013), although decided before CIDRA came into effect, looks at the approach adopted by the courts in assessing whether or not there has been a fair presentation of the risk…

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