ABSTRACT
Before a contract of insurance is entered into, the insured must make to the insurer a fair presentation of the risk. The duty of fair presentation requires that every material representation as to a matter of fact be substantially correct, and that every material representation as to a matter of expectation or belief be made in good faith. A string of errors in the insured's presentation of the risk may not amount to a breach of the duty of fair presentation if, overall, they would not affect the judgment of a prudent insurer. Section 3(3)(b) of the Insurance Act requires a fair presentation of the risk to be one which makes disclosure of every material circumstance 'in a manner which would be reasonably clear and accessible to a prudent insurer'. If this requirement is not satisfied, there will have been a breach of the insured's duty of fair presentation.
