Life insurance and medical records !!

Bond,James_Bond

rs65 wrote: »

Again, not strictly relevant to the OP but I believe insurance contracts are still contracts of utmost good faith. The Consumer Insurance Act amended the duty of disclosure under the Marine Insurance Act but did not do away with the 1906 act or utmost good faith.

I think so too................and why would you not act in good faith anyway?

rs65

Bond,James_Bond wrote: »

I think so too................and why would you not act in good faith anyway?

Please note that your earlier posts are wrong. You no longer have to disclose what a prudent insurer might want to know. Since 2013 it is up to the insurer to ask what it wants to know.

Quentin

Bond,James_Bond wrote: »

I think so too................and why would you not act in good faith anyway?

You "think" wrong.


As we keep telling you, you don't have to guess at what should and shouldn't be disclosed.


You must only give information in answers to an insurers questions!

magpiecottage

Bond,James Bond is Wrong,Very Wrong.

Section 2 of the Consumer Insurance (Disclosure and Representations) Act 2012 says:

"(1)This section makes provision about disclosure and representations by a consumer to an insurer before a consumer insurance contract is entered into or varied.

(2)It is the duty of the consumer to take reasonable care not to make a misrepresentation to the insurer.

(3)A failure by the consumer to comply with the insurer's request to confirm or amend particulars previously given is capable of being a misrepresentation for the purposes of this Act (whether or not it could be apart from this subsection).

(4)The duty set out in subsection (2) replaces any duty relating to disclosure or representations by a consumer to an insurer which existed in the same circumstances before this Act applied.

(5)Accordingly—

(a)any rule of law to the effect that a consumer insurance contract is one of the utmost good faith is modified to the extent required by the provisions of this Act, and

(b)the application of section 17 of the Marine Insurance Act 1906 (contracts of marine insurance are of utmost good faith), in relation to a contract of marine insurance which is a consumer insurance contract, is subject to the provisions of this Act."

In essence, this means that the consumer must answer any question asked by the insurer accurately to the best of their knowledge and belief.

In the event of a dispute reaching either court or the Financial Ombudsman Service, this is the standard that will be applied in respect of any contract of insurance taken out since the Act came into force. So the bottom line is make sure you comply with the Act and answer the questions actually asked accurately but you are not obliged to volunteer information not asked for.

skintpaul wrote: »

If some conditions are declared on your application, Ins Co may ask for full records via SAR route, to get info they need (all kept secure, btw), to make a thorough and quicker decision. Some non-relevant info should be redacted.

The Information Commissioner has stated that this is an abuse of process. See here. Insurers can ask for information but this should be done under the Access to Medical Reports Act 1988.

DigForVictory

Nearly all life insurance teams will want access to your medical records, in full or part, so you may as well prepare to reveal all to them or you can't compare fairly between them.

Haylescom

In your position I'd declare it. They will ask further questions about it and as it's a one off I doubt it'll cause you any problems.
I have a pre-exisitng medical condition and usually speak to a nurse via my broker, but they sometimes request medical history from my GP. If they make changes to your policy because of the report they will usually tell you why (in my case they have anyway).
I recently had a colposcopy following an abnormal cervical screening. It was all fine and completely clear but I always declare it.

magpiecottage

Haylescom wrote: »

In your position I'd declare it.

If the insurer asks you must of course say. A couple of years ago I was asked to review a case where an insurer declined to pay a claim. They had asked about medical investigations at application stage and the the applicant had said she had a routine smear.

When she claimed, the insurer found that she the smear had been abnormal and she had been required to have follow up tests, which turned out to be the condition that led to the claim.

I became involved because the consumer then blamed the broker. However, the point was that the insurer DID ask the question - and very clearly. The consumer answered them dishonestly.

So whilst I disagree with rs65 - consumer insurance is no longer a contract of utmost good faith and you do not have to disclose something just because you think the insurer might want to know - you DO have to answer any question actually asked honestly.

rs65

magpiecottage wrote: »

So whilst I disagree with rs65 - consumer insurance is no longer a contract of utmost good faith and you do not have to disclose something just because you think the insurer might want to know - you DO have to answer any question actually asked honestly.

Legal commentary at the time said that utmost good faith still applies to insurers in using information known to them, to insureds in presenting claims and insurers in paying claims.