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home insurance for possible conviction

My son, who lives with me, was arrested 3 weeks ago and police enquiries are ongoing. He has to report back to the Police on 12 August when I expect they will let him know if there is enough evidence for a conviction. My home insurance is due for renewal on 8 August and I discovered purely by chance that most insurers will not cover you if there is someone living on the premises who has been convicted. My question is should I just find the best deal for me now ie, based on the fact that there is no conviction as yet, and contact them later should the circumstances change OR should I go directly to someone who will cover households where there is a conviction?
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Comments

  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    To start with, the police won't let him know if there is enough evidence for a conviction - just whether there is enough evidence to charge him with the offence. Once charged the papers go to the Crown Prosecution Service, and they make the decision on whether to prosecute. If they do prosecute (and it is unusual if they don't) then the case will go to court. How long that will take will depend in part on whether he pleads guilty or not-guilty. Unless he is given a caution, which is still a criminal offence, but at the lower end of the scale.

    So, for the moment, if it was me, I'd carry on as normal and renew my insurance.

    If your son is subsequently convicted, that is the time to notify your insurer.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Apologies, I misunderstood the question - I understood that OP's policy required them to disclose any convictions.

    However, I don't pretend to be an expert in these matters, and am happy to be corrected.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • justjohn
    justjohn Posts: 2,260 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    CONVICTIONS


    NOT court case's...possible charges etc He is innocent until proven guilty.

    You do not have to tell them he does not have a conviction as yet and may not get one. They only ask for convictions.

    The court will find him guilty or not guilty it is not upto the insurance company to make that judgement. And i would think they themselves would be breaking some uk law or human rites law making that assumption.
  • justjohn
    justjohn Posts: 2,260 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 24 July 2010 at 7:31PM
    Selden wrote: »

    Finally, whilst some insurers limit questions to actual convictions, many others go wider and ask, for example, for details of any charges brought.

    Never heard of this Always been asked if there is anyone in property that has a conviction. ( And you can even ignore the question if it is a legaly spent conviction)

    A charge is "hear say". It can be dropped.

    I do not believe you have any legal obligation to inform insurance companies regarding spent convictions(Rehabilitation of Offenders Act 1974) or pending court cases(unsure what this would come under).

    If you have any url's regarding this i would be interested.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Selden wrote: »
    Have you or any person to be insured:...b. ever been convicted of or cautioned for (or charged but not yet tried with) any criminal offence other than motoring offences?

    Without wishing to be pedantic... OP's son hasn't even been charged with anything yet....
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • justjohn
    justjohn Posts: 2,260 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    i cannot find any cases on google regarding disclosure of charges or pending trials for the purpose of disclosure to insurance companies. So i stand corrected.
  • Still not sure what I should do. Do I need to check out the potential insurers T+Cs to check if they ask specifically about cautions/pending court cases etc in the event that that is what happens?
  • Quentin
    Quentin Posts: 40,405 Forumite
    Yes .
  • olly300
    olly300 Posts: 14,738 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Still not sure what I should do. Do I need to check out the potential insurers T+Cs to check if they ask specifically about cautions/pending court cases etc in the event that that is what happens?

    Yes read the t&c if the policy says you need to tell them of charges or cautions then you must tell the insurer.

    If the t&c (you should be able to get the most recent ones online) doesn't say anything and the charges are not for fraud or theft of any kind that includes taking of vehicles I wouldn't say anything to the insurer until convicted.
    I'm not cynical I'm realistic :p

    (If a link I give opens pop ups I won't know I don't use windows)
  • justjohn
    justjohn Posts: 2,260 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    seems like most of them now ask for charges/pending trial and convictions.(this never used to be the case)

    You will either have to answer correctly or lie. If you lie it may null and void your insurance if caught.
    I also assume it could possibly go to an underwriter or get refused depending on the crime.
    Another problem is once you admit a charge/conviction its noted somewere. Who else gets to know about it?

    Sorry i am not much help and unable to find a solution.

    BUT try here

    https://forums.moneysavingexpert.com/discussion/735961
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