Part 2 Variations

Part 2 Variations

General

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This Part of this Schedule applies to qualifying breaches of the duty of fair presentation in relation to variations to non-consumer insurance contracts.

Deliberate or reckless breaches

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If a qualifying breach was deliberate or reckless, the insurer—

(a)     may by notice to the insured treat the contract as having been terminated with effect from the time when the variation was made, and

(b)     need not return any of the premiums paid.

Other breaches

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(1)     This paragraph applies if—

(a)     a qualifying breach was neither deliberate nor reckless, and

(b)     the total premium was increased or not changed as a result of the variation.

(2)     If, in the absence of the qualifying breach,

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