Accuracy of Data & the Duty of Fair Presentation
We are obliged to confirm that errors in the data or information which you have provided could invalidate the insurance or mean that a claim is not paid. It is therefore important that you ensure that the information provided is accurate and complete.
Furthermore, policyholders are under a duty to make a fair presentation of the risk to insurers when taking out insurance (including renewals and variations). A fair presentation of the risk is one that meets the following criteria:
- Disclosure of every material circumstance which the insured knows or ought to know, or failing that, disclosure which gives the insurer sufficient information to put a prudent insurer on notice that it needs to make further enquiries for the purpose of revealing those material circumstances.
- Disclosure in a manner which would be reasonably clear and accessible to a prudent insurer.
- Every material representation as to a matter of fact is substantially correct, and every material representation as to a matter of expectation or belief is made in good faith.
Mercer cannot accept any liability for any claims, debts, liabilities, demands, obligations, costs, expenses, actions and causes of action that may arise because of any errors contained in, or omissions from, the information we have received.