Insurance Void Misrep

A consumer must take reasonable care not to make a misrepresentation when renewing an insurance policy, and an insurer may void the policy if the consumer fails to provide a reasonable estimate of the sum insured.

A reasonable consumer would not understand that taking a car to Spain for personal use at a property constitutes 'exporting' the vehicle under CIDRA, particularly where the declaration provides no definition or explanation of the term.

Under CIDRA, an insurer who establishes a careless qualifying misrepresentation must void the policy and refund premiums, not cancel it and decline the claim.

Under CIDRA, an insurer cannot void a policy for careless misrepresentation where they would have offered insurance on different terms; the appropriate remedy is to offer the policy on corrected terms rather than avoidance.

A joint insurance policy involving both consumer and non-consumer parties may constitute two separate contracts, each subject to different disclosure regimes (CIDRA for consumers, Insurance Act 2015 for non-consumers).

Under CIDRA 2012, a consumer must take reasonable care not to misrepresent material facts when taking out or renewing insurance, and an insurer can avoid a policy if the misrepresentation is qualifying and the consumer failed to take reason

An insurer can decline a claim if the consumer made a qualifying misrepresentation under CIDRA by failing to take reasonable care in answering application questions, provided the insurer would have acted differently if the true position had

Under CIDRA, an insurer may cancel a policy back to inception if a consumer made a qualifying misrepresentation about material facts, provided the insurer acted fairly based on information available at the time of the decision.

Under the Consumer Insurance (Disclosure and Representations) Act 2012, a consumer must take reasonable care not to make a misrepresentation when providing information for insurance purposes.

A consumer has a responsibility under CIDRA to take reasonable care not to make misrepresations, and an insurer may cancel a policy and apply a fraud marker if false information is provided on their behalf.