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Pre-contract and pre-variation information2Disclosure and representations before contract or variation

(1)    This section makes provision about disclosure and representations by a consumer to an insurer before a consumer insurance contract is entered into or varied.

(2)    It is the duty of the consumer to take reasonable care not to make a misrepresentation to the insurer.

(3)    A failure by the consumer to comply with the insurer's request to confirm or amend particulars previously given is capable of being a misrepresentation for the purposes of this Act (whether or not it could be apart from this subsection).

(4)    The duty set out in subsection (2) replaces any duty relating to disclosure or representations by a consumer to an insurer which existed in the same circumstances before this Act applied.

(5)    Accordingly—

(a)    any rule of law to the effect that a consumer insurance contract is one of the utmost good faith is modified to the extent required by the provisions of this Act, and

(b)    the application of section 17 of the Marine Insurance Act 1906 (contracts of marine insurance are of utmost good faith), in relation to a contract of marine insurance which is a consumer insurance contract, is subject to the provisions of this Act.

NOTES
Initial Commencement
To be appointed

To be appointed: see s 12(2), (3).
Marine Insurance97 Transport Law97 Insurance Contract96 Contract Law97 Admiralty, Shipping & Navigation97 Terms95 Breach, Discharge & Rescission of Contract97 Types of Insurance96 Insurance Law96 Insurers & Underwriters95 Banking & Finance Law95 Commercial Law97 Misrepresentation97 Financial Institutions95 Proof of Terms95

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