How does the continuing duty of disclosure on the insured under a motor policy usually arise?

The continuing duty of disclosure under a motor policy typically arises as a common law requirement. This duty means that the insured must, throughout the life of the policy, keep the insurer informed about any material changes to their circumstances that could affect the risk being insured. This is rooted in the principle of utmost good faith, or "uberrima fides," whereby both parties must act honestly and transparently with each other.

The notion that the duty is onerous is relevant but does not fully capture its nature. It emphasizes the obligation placed on the insured, which could be viewed as burdensome. However, the driving force behind this duty stems from common law, which establishes the framework for insurance contracts and the expectation of full and honest disclosure to prevent fraud and moral hazard.

Choosing an alternative related to FCA rules or statutory requirements would misplace this duty as it is not specifically mandated by external regulatory bodies in that context but is inherent in the common law nature of insurance contracts.