is my policy valid?
Submitted by rosh3000 on Thu, 15/04/2010 - 22:19
ive been with the same insurances company for 2009/20010 and 2008/2009.
i recently made a claim but was told my policy was invalid because i forgot (which is true) to disclose a theft claim on december 2003 but this should not effect the 2009/2010 policy because it is after 5 years and therfore the policy should still be valid.
when i told them this they said it is an extended policy from 2008. But surly it is a new contract under new terms (i.e new dates and cost) new policy document therby having notheing to do with the old policy. Am i correct?
thank you in advance for your help
a futher thought, if my
a futher thought, if my 2008/2009 ploicy was in valid can i get my money back for that policy as they did not provide a valid policy
Hi, Generally my
Hi,
Generally my understanding is that insurance contracts are contracts of good faith. This means that you must disclose all material facts which may affect the premium for your policy. Your insurer can only give you an accurate quote for the cost of the insurance if they know all of your previous insurance history and if you have ever made a claim in the past.
You should check your contract and find out the exact wording of the policy. You will probably find a clause which states that if you do not disclose information which the insurer would consider to be information that has to be disclosed then the policy may be invalid.
What type of policy are we talking about. It may well be that the insurance company will pay back all of the premiums paid under the policy, have you asked your insurance company about this?
I am not an expert in this area so someone else on the forum may be able to give you some more information.
I am a Legal Advisor employed by Sarginsons Law and specialise in Civil Litigation matters. I deal with disputes between individuals and businesses including Landlord and Tenant issues, debt recovery and property disputes.
Telephone 02476 553181<
thank you for your reply it
thank you for your reply
it is comprehensive cover,
it says i should disclose all calims in the past 5 years,
also it says in the T&C "Your anwser to our queshions are material facts and provided you have anwsered them to the best of your knowlege and belife; we consider that you have forfilled your requirment to disclose materail facts"
which i have
Hi, If you did not disclose
Hi,
If you did not disclose the fact that you had made the claim to your insurer when you first took out the insurance then I believe that the insurance company would be successful in arguing that it was your responsibility to inform them when you renewed your policy that the information that you had previously submitted to them was not accurate. Presumably when they renewed your policy they based the premium on the information which you had previously provided to them.
Could you give the exact dates of when the original insurance was taken out and when the insurance was renewed?
You need to read your policy carefully to find out whether you would be entitled to a refund of your premiums if your insurer continues to state that the policy is not valid.
As I said I am not an expert in this particular area, I will ask one of my colleagues about this tomorrow and get back to you.
I am a Legal Advisor employed by Sarginsons Law and specialise in Civil Litigation matters. I deal with disputes between individuals and businesses including Landlord and Tenant issues, debt recovery and property disputes.
Telephone 02476 553181<
Gerard is correct. A failure
Gerard is correct.
A failure to disclose on a previous policy would have to be disclosed on a new policy and therefore regrettably the insurance company can refuse your claim.
They should however refund your premiums.
thanks
thanks
thanks, final queshion would
thanks, final queshion would they refund both old and new premiums as they are claiming both policeys are invalid
and would i have broken the law for driving without insurance