Home Insurance & Criminal Convictions

Steve1981

Recently I have been doing a bit of research on Home Insurance as its almost that time of year again.

One thing that pretty much all insurers are now asking is something along the lines of "Have you or any adult living with you ever been convicted of a criminal offense or have a prosecution pending?"

I've established that this doesn't relate to minor motoring offenses, however in my younger sillier days I was twice convicted for being Drunk & Disorderly and on both occasions had to pay a fine plus court costs.

These were both over 5 years ago now and I know that under the Rehabilitation of Offenders Act of 1973 I no longer have to declare them.

But I am concerned that the insurers are asking 'ever' as opposed to anything you have to declare.

If I dont tell them and I make a claim would I be risking my insurance being void? On the other hand is it not a matter of 'having served the imposed fine sentence' and is it not my legal right to not disclose?

I was wondering if anyone had experienced anything similar/could offer advice on the matter?

Also when asked the same question when applying for jobs, would you risk having your contract terminated if it came to light?

Cheers

S

ravenfire_2

Insurers have actually been doing this for a while now. To be honest the best thing is to disclose because should it ever come out in the future and you haven't then it could invalidate your Insurance.

FlameCloud

You dont have to disclose it.

Its part of the ICOB (insurance companies conduct of business), the ABI and CII that disclosue of SPENT criminal convictions does not have have take place.

raskazz

Steve1981 wrote: »

But I am concerned that the insurers are asking 'ever' as opposed to anything you have to declare.

If I dont tell them and I make a claim would I be risking my insurance being void? On the other hand is it not a matter of 'having served the imposed fine sentence' and is it not my legal right to not disclose?

It is likely that the question is worded as 'ever' purely for simplicity. The proposer then discloses everything and the insurer is left to work out whether the conviction is 'spent' or not.

A spent conviction is not a material fact and as such, even if the question is worded 'ever', you do not have to disclose it and there can be no question of non-disclosure or misrepresentation on that circumstance.

The Rehabilitation of Offenders Act does specify some exceptions for disclosure to employers.