Do I have to disclose?

[johnjordan]

In February last year a car demolished my front garden fence.

The car had been stolen and being driven by an uninsured East European driver who was also drunk and had no driving licence.

 

The police were called and arrested him.

They later gave me the details of the insurance company the car was insured with

 

I lodged a claim with them for the cost of a new fence which they paid without question.

 

Do I have to disclose this when renewing any of my insurances as I do not want to fall foul of any renewal conditions?

 

Thank you.

[milehighron]

Depending on how the underwriter or comparison site pitches the question re claims &/or losses, it’s important that this matter is duly reported accordingly – you don’t want to fall foul of any non-disclosure situation at a later date...

[maroondevo52]

Quote from the Financial Ombudsman...

 

An insurance contract is a "contract of utmost good faith", which means that all parties to the contract are under a strict duty to deal fully and frankly with each other. Customers must disclose all facts that are "material" (or relevant) to the risk for which they are seeking cover.

 

A "material" fact is one which would influence an underwriter when they were deciding whether to accept the risk, and the terms and conditions that should apply. If a customer fails to disclose (or misrepresents) a material fact and this induces the insurer to accept the proposed risk, the legal remedy is to "avoid" the policy. This means the insurer is entitled to treat the policy as though it never existed. Unless fraud is involved, the insurer will normally return the premium and will not pay out on any claim made under the policy.

[dacouc]

Your link predates the Consumer Insurance Act.

 

Consumers no longer have to second guess an Insurer and disclose all material facts, they only need to answer the questions asked.

 

They don't need to volunteer information that has not been asked.

[maroondevo52]

Ok, thanks for that.

[dacouc]

It's worth having a read of it as it completely changes the game in the consumer's favour.

 

If you look at the FOS non disclosure technical notes they briefly explain it, most of it is the same as the FOS had adopted over the last few years eg if the non disclosure was not deliberate and the Insurer would have offered cover on the correct information, the Insurer redrafts the policy on the terms / premium they would have applied.

 

It also makes it statute that you do not have to volunteer information, only provide answers to specific questions and that's assuming the questions are clear

[maroondevo52]

It's worth having a read of it as it completely changes the game in the consumer's favour.

 

 

Thank's again, I will have a read.

[johnjordan]

Thanks for all the advice.

 

I was able to check with the various companies I have policies with and they all assure me that the claim will not affect my policies. They have also assured me they have made a suitable note on my files that I have reported the matter to them and that no further action needs to be taken.

 

I have also kept a recording of the phone conversations to be on the safe side

[maroondevo52]

 

I have also kept a recording of the phone conversations to be on the safe side

 

Good stuff, I hope it all goes well when you renew.

[martin2006]

Always best to disclose and let them disregard rather than non disclosure causing problems should you need to make a claim