You have a duty under the Insurance Act 2015 to make a “fair presentation of the risk” to your insurers. This duty requires you to;

• disclose all ‘material’ information, facts and circumstances;
• to do so in a manner which is ‘reasonably clear and accessible’; and
• not to make any misrepresentations.

This duty applies;

• before you take out your policy;
• when you renew it;
• when you vary or extend it; and
• during the life of the policy, if it contains a particular clause stating that any change in facts or circumstances must be advised to your insurer.

A ‘material’ fact is one which would influence the judgement of a prudent insurer in determining whether to take on the risk and, if so, on what terms. It includes (but is not limited to);

• any particular concerns which led you to seek insurance cover;
• any special or unusual facts relating to the risk; and
• anything which people involved with this type of insurance and your type of business would generally understand as being something which should be included in a fair presentation of the risk.

Failure to comply with your duty of fair presentation could negatively impact your ability to claim or enable insurers to apply additional terms to your policy from the date it started, or even to “avoid” your policy (i.e. cancel it from the start, without refund of premium) and treat as if it never existed.

This is only a summary of your duty to disclose material information. For further guidance, please refer to the “Terms of Business Agreement”.

To provide our services, we will collect and use information about individuals such as;

• their name and contact details;
• special categories of personal data (e.g. health information); and
• information about criminal convictions and offences.

The purposes for which we use personal data may include arranging insurance cover, handling claims, for crime prevention and detection and for marketing.

More information about our use of personal data is provided in our Privacy Notice. You can also request a copy of our Privacy Notice by contacting dataprotection@marsh.com. We recommend that you review this notice.

Providing the services may involve the disclosure of personal data to third parties such as insurers, reinsurers, loss adjusters, premium finance providers, sub-contractors, our affiliates and to certain regulatory bodies who may require your information themselves for the purposes described in our Privacy Notice.

Depending on the circumstances, the use of personal data described in this notice may involve a transfer of data to countries outside the UK and the European Economic Area that have less robust data protection laws. Any such transfer will be done with appropriate safeguards in place.

Where you are providing us with information about a person other than yourself, you agree to notify them of our use of their personal data and, where necessary obtain their consent to our use of certain special categories of personal data. You agree that our provision of the services to you is conditional on you providing such notices and obtaining such consents. Where the consent of such third party is required, they may withdraw any such consent at any time but if consent is withdrawn then we may be unable to continue to provide services to them (and possibly you), and this may mean that we are unable to process enquiries or claims or that the relevant insurance cover will stop.

This is a summary of how we use your data. For further guidance, please read the document entitled “Terms of Business” or refer to our Privacy Notice.