ABSTRACT
The remedies in the Insurance Act for a qualifying breach of the insured's duty of fair presentation in respect of a variation to an insurance contract are set out in Part 2 of Schedule 1 to the Act. If the variation is procured by a deliberate or reckless breach of duty, then the insurer will be entitled to give notice to the insured treating the entire contract as having been terminated from the date the variation was made, and will be entitled to keep all premiums paid. If the insured's breach of the duty of fair presentation is neither deliberate nor reckless, paragraphs 9–11 of Schedule 1 provide that the remedies available to the insurer will depend on whether the premium for the insurance contract was increased or not changed as a result of the variation, or whether it was reduced.
