Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Duty of disclosure definition

What does Duty of disclosure mean? The duty of disclosure describes an applicant’s obligation to provide accurate, relevant information so an insurer can underwrite a life or protection policy. In practice, this centres on answering the insurer’s questions fully and truthfully and not misleading it. In England & Wales, Scotland and Northern Ireland, the duty is set by statute: for consumers (including most life/protection policies), the Consumer Insurance (Disclosure and Representations) Act 2012 replaces any duty to volunteer facts with a duty to take reasonable care not to make a misrepresentation. For non‑consumers, the Insurance Act 2015 imposes a duty of fair presentation of the risk,...

Non-consumer insurance disclosure: fair presentation, brokers' roles, divisibility of risk, remedies, materiality and waiver under the UK Insurance Act 2015—key principles and recent cases

Published by a LexisNexis Insurance & Reinsurance expert

Practice notes

This Practice Note reviews the duty of fair presentation under the Insurance Act 2015 (IA 2015), which applies to non-consumer insurance. For practical guidance on disclosure in the consumer context, see Practice Note: A guide to the Consumer Insurance (Disclosure and representations) Act 2012. For fuller coverage of IA 2015, see Practice Note: Insurance Act 2015 (IA 2015)—essentials...

Duty of ‘fair presentation’

Under IA 2015, s 3, an insured must give a fair presentation of the risk to the insurer. This duty comprises three distinct elements:

disclosure: the insured must comply with either the ‘primary’ or ‘secondary’ disclosure obligation:
- primary duty: the insured must reveal every material circumstance it knows or ought to know. For what is ‘known’, the relevant knowledge is that of those tasked with arranging the insurance on the insured’s behalf, or, alternatively, its senior management. In addition, the assured ought to know what a reasonable search of the information being presented would uncover. What amounts to a reasonable search will vary with the insured’s size and nature of business...

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Oliver Saunders

DLA Piper

Oliver is a Legal Director in DLA Piper's London office. He advises on complex policy coverage and acts in (re)insurance litigation/arbitration disputes, primarily acting for insurers and reinsurers. He has extensive experience advising London market (Lloyd's and company) and international insurers and reinsurers. He has previously undertaken a secondment to a leading Lloyd's Syndicate....

Web page updated on 21/05/2026

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