The Insurance Act 2015
With effect from 12 August 2016, the Insurance Act 2015 will come into effect. Under the Act the insured party will be under a new duty of fair presentation of the risk, replacing the general obligation to disclose all material facts.
The Act requires the insured to make a fair presentation of the risk by disclosing:
- every material circumstance that the insured knows or ought to know; or
- sufficient information to put a prudent insurer on notice that it needs to make further enquires to reveal the material circumstances.
New proportionate remedies are also available to insurers following a breach of the new duty of fair presentation e.g. a claim payment being reduced proportionately.
Our clients will be pleased to hear that our philosophy towards paying claims in the event of omissions of information will not alter following the introduction of the Act and we will continue to pursue the remedy which is most fair to all the parties concerned.
Please direct any queries to EBClientServices@Generali.co.uk