ABSTRACT
The duty to disclose material facts, whether it arises as a matter of law or contract, exists or is made whole by virtue of the contract which is entered into, and so the scope of the material facts to be revealed naturally may be defined or modified by the contract itself. Where the duty of disclosure is sought to be modified by the contract, it require unambiguous language to achieve that result, the clause being construed against the party who benefits from the intended modification. The duty arises pursuant to the Insurance Act 2015, the modification of the duty that puts the assured in a worse position – in order to be valid and effective – must comply with the transparency requirements of the 2015 Act, which are aimed to ensure clarity and certainty in the modification of the duty.
