Possible rejection of home insurance claim.

Iceman100

Hi, I hope someone will be able to help me, i recently made a claim on my home insurance for an escape of water which caused a considerable amount of damage to my kitchen. The loss adjuster was sent out and a few days later I received an e-mail saying that it was flagged up during their search that my wife had once entered an IVA, to which I was unaware. They had sent over a screenshot of my application where on one of the questions was has anyone in your household ever been bankrupt had CCJs or entered a debt management scheme to which i ticked no. I only found out that she had indeed entered an IVA once this was flagged up by the loss adjuster. My wife told me that she had no obligation to tell me about this as we are both financially independent. I'am the one on the title deeds for the property, pay the mortgage and pay all the insurances. I answered all questions to the best of my knowledge at that time. Does anyone know if this claim will be rejected or not, any input would be appreciated.

DullGreyGuy

The law on non-disclosure really comes down to if the false declaration was made intentionally, recklessly, carelessly or innocently and if the insurer would have offered terms had you made a true declaration. 

In all circumstances if they wouldn't have insured you had you declared the IVA then they are entitled to decline the claim. If they would have insured you then it depends on how they grade the non-disclosure and at best it means the claim is reduced by the percentage difference in premium and at worst means the policy is void and they can keep the premiums. 

As an outsider, as the person assessing your case will be, your wife's attitude seems very odd outside of a marriage of convenience 

prettyandfluffy

As an outsider, as the person assessing your case will be, your wife's attitude seems very odd outside of a marriage of convenience 

Not necessarily, my husband I have totally different approaches to money and so have completely separate finances because it saves arguments.  We had joint finances for the first 5 years or so of marriage and then tried this and it works for us and has done for over 30 years.  It seems the OP didn't ask his wife direct questions but instead made assumptions when completing proposal forms.

DullGreyGuy

prettyandfluffy said:

As an outsider, as the person assessing your case will be, your wife's attitude seems very odd outside of a marriage of convenience 

Not necessarily, my husband I have totally different approaches to money and so have completely separate finances because it saves arguments.  We had joint finances for the first 5 years or so of marriage and then tried this and it works for us and has done for over 30 years.  It seems the OP didn't ask his wife direct questions but instead made assumptions when completing proposal forms.

The separate monies bit isn't the issue for me, the "no obligation to tell you" attitude that is odd to me in a marriage. 

We can only speculate what enquiries the OP has made each year or not and what any understanding may have been on "obligations to disclose" between the two of them. If for example I knew my wife took over buying our car insurance I'd realise I need to tell her if I crash the company car because she has to declare my driving history each year. 

Iceman100

DullGreyGuy said:

prettyandfluffy said:

As an outsider, as the person assessing your case will be, your wife's attitude seems very odd outside of a marriage of convenience 

Not necessarily, my husband I have totally different approaches to money and so have completely separate finances because it saves arguments.  We had joint finances for the first 5 years or so of marriage and then tried this and it works for us and has done for over 30 years.  It seems the OP didn't ask his wife direct questions but instead made assumptions when completing proposal forms.

The separate monies bit isn't the issue for me, the "no obligation to tell you" attitude that is odd to me in a marriage. 

We can only speculate what enquiries the OP has made each year or not and what any understanding may have been on "obligations to disclose" between the two of them. If for example I knew my wife took over buying our car insance I'd realise I need to tell her if I crash the company car because she has to declare my driving history each year. 

Thanks for the reply, it sounds worse the way I have written it, it wasn't like that at all, I think she felt embarrassed to tell me about it and in hindsight I think she wishes she had told me but at the time she was told that she didn't have to disclose the information to me and for whatever reason chose not to.