PART 2The duty of fair presentation
7Supplementary
(1)
A fair presentation need not be contained in only one document or oral presentation.
(2)
The term “circumstance” includes any communication made to, or information received by, the insured.
(3)
A circumstance or representation is material if it would influence the judgement of a prudent insurer in determining whether to take the risk and, if so, on what terms.
(4)
Examples of things which may be material circumstances are—
(a)
special or unusual facts relating to the risk,
(b)
any particular concerns which led the insured to seek insurance cover for the risk,
(c)
anything which those concerned with the class of insurance and field of activity in question would generally understand as being something that should be dealt with in a fair presentation of risks of the type in question.
(5)
A material representation is substantially correct if a prudent insurer would not consider the difference between what is represented and what is actually correct to be material.
(6)
A representation may be withdrawn or corrected before the contract of insurance is entered into.