PART 2The duty of fair presentation
8Remedies for breach
1
The insurer has a remedy against the insured for a breach of the duty of fair presentation only if the insurer shows that, but for the breach, the insurer—
a
would not have entered into the contract of insurance at all, or
b
would have done so only on different terms.
2
The remedies are set out in Schedule 1.
3
A breach for which the insurer has a remedy against the insured is referred to in this Act as a “qualifying breach”.
4
A qualifying breach is either—
a
deliberate or reckless, or
b
neither deliberate nor reckless.
5
A qualifying breach is deliberate or reckless if the insured —
a
knew that it was in breach of the duty of fair presentation, or
b
did not care whether or not it was in breach of that duty.
6
It is for the insurer to show that a qualifying breach was deliberate or reckless.