Part 1 Contracts

SCHEDULE 1 Insurers' Remedies for Qualifying Misrepresentations

Section 4(3)

Part 1 Contracts

General

1

This Part of this Schedule applies in relation to qualifying misrepresentations made in connection with consumer insurance contracts (for variations to them, see Part 2).

Deliberate or reckless misrepresentations

2

If a qualifying misrepresentation was deliberate or reckless, the insurer—

(a)     may avoid the contract and refuse all claims, and

(b)     need not return any of the premiums paid, except to the extent (if any) that it would be unfair to the consumer to retain them.

Careless misrepresentations—claims

3

If the qualifying misrepresentation was careless, paragraphs 4 to 8 apply in relation to any claim.

4

The insurer's remedies are based on what

Powered by Lexis+®

Popular documents