The following Insurance & Reinsurance practice note provides comprehensive and up to date legal information covering:
This Practice Note considers the duty of fair presentation under the Insurance Act 2015 (IA 2015), which applies to non-consumer policies. For practical guidance on the duty of disclosure under consumer policies, see Practice Note: A guide to the Consumer Insurance (Disclosure and Representations) Act 2012. For further information on all aspects of IA 2015, see Practice Note: Insurance Act 2015 (IA 2015)—essentials.
Under IA 2015, s 3, the insured has a duty to make a 'fair presentation' of the risk to the insurer. The duty of fair presentation consists of three distinct elements:
disclosure: the insured must satisfy either the ‘primary’ or ‘secondary’ duty of disclosure:
primary duty: the insured must disclose every 'material circumstance' which it 'knows or ought to know'. When deciding what an insured 'knows', it is the knowledge of those responsible for obtaining insurance on behalf of the insured or, alternatively, the senior management of the insured that is relevant. Further, an assured 'ought to know' something that would be revealed on a reasonable search of the relevant information being disclosed. What constitutes a reasonable search will depend on the size and type of business of the insured
secondary duty: alternatively, the insured must provide 'sufficient information to put a prudent insurer on
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Capital allowances on property sales—pre-contract enquiriesThis Practice Note is about capital allowance-related pre-contract enquiries on a property transfer. It applies to the grant of a new property interest (eg a lease) as well as to the acquisition of an existing lease or freehold.For clauses
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary
Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the Landlord and Tenant Act 1954. They are intended to be used when completing the prescribed form under the Landlord and Tenant Act 1954, Part 2 (Notices)
Proprietary estoppelThis Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice
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