What must an insurer demonstrate to remedy a misrepresentation on a private motor insurance policy?

To remedy a misrepresentation on a private motor insurance policy, an insurer must demonstrate that the insured failed to exercise reasonable care. This relates to the principle of utmost good faith, or "uberrima fides," that governs insurance contracts. Under this principle, the insured has a duty to provide truthful information and disclose relevant facts to the insurer when applying for coverage. If the insured does not take reasonable care in ensuring that the information provided is accurate, it can be deemed a misrepresentation, which could allow the insurer to void the policy or refuse a claim.

A failure to exercise reasonable care implies that the insured may not have taken the necessary steps to verify or be truthful about their circumstances, which directly leads to misrepresentation. This standard establishes a level of responsibility on the part of the insured to act honestly and prudently in engaging with the insurance process.

The other options do not directly relate to the requirement for the insurer to prove a misrepresentation adequately. Non-payment of premiums does not address the accuracy of information provided. Agreeing to terms without questions is not relevant since the focus is on the accuracy of disclosures rather than the insured's questioning behavior. Lastly, the investigation of the claim is a separate issue and does not pertain to the insured