The insurer has a remedy against the insured for a breach of the duty of fair presentation only if the insurer shows that, but for the breach, the insurer—
would not have entered into the contract of insurance at all, or
would have done so only on different terms.
The remedies are set out in Schedule 1.
A breach for which the insurer has a remedy against the insured is referred to in this Act as a "qualifying breach".
A qualifying breach is either—
deliberate or reckless, or
neither deliberate nor reckless.
A qualifying breach is deliberate or reckless if the insured —
knew that it was in breach of the duty of fair presentation, or
did not care whether or not it was in breach of that duty.
It is for the insurer to show that a qualifying breach was deliberate or reckless.