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  • dacouch
    dacouch Posts: 21,637 Forumite
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    What sort of conviction is it?

    Was the conviction pending when he took out cover or renewed it?
  • Doc_N
    Doc_N Posts: 8,267 Forumite
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    There's a huge difference between a conviction and a prosecution that may or may not happen.

    Unfortunately though, contracts of insurance require absolute disclosure of anything that might influence the decision whether or not to take on the risk. And the non-diclosure might well be used to repudiate a claim.
  • dacouch wrote: »
    What sort of conviction is it?

    Was the conviction pending when he took out cover or renewed it?
    It is a suspicion of fraud prosecution, not yet charged , it was not declared on taking out a new policy , not for renewal.
    Does he ask hissolicitor or just tell them to cancel cover if they don`t want to accept him as customer?
  • dacouch
    dacouch Posts: 21,637 Forumite
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    nilequeen wrote: »
    It is a suspicion of fraud prosecution, not yet charged , it was not declared on taking out a new policy , not for renewal.
    Does he ask hissolicitor or just tell them to cancel cover if they don`t want to accept him as customer?

    Insurers do not like fraud convictions for obvious reasons.

    It's likely that the Insurers would not cover him if they knew about the conviction.

    However it's upto the Insurer to ask a clear question about convictions when he takes the cover out and / or at renewal.

    Roughly when was he arrested and when did he take out cover?
  • nilequeen
    nilequeen Posts: 154 Forumite
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    edited 21 October 2014 at 10:48PM
    dacouch wrote: »
    Insurers do not like fraud convictions for obvious reasons.

    It's likely that the Insurers would not cover him if they knew about the conviction.

    However it's upto the Insurer to ask a clear question about convictions when he takes the cover out and / or at renewal.

    Roughly when was he arrested and when did he take out cover?
    Arrested on suspicion towards end of september last month, bailed unconditionally and cover taken out shortly after.
    His solicitor reckons he probably won`t get prosecuted but his partner may, but this is a joint policy
  • rs65
    rs65 Posts: 5,682 Forumite
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    Doc_N wrote: »
    Unfortunately though, contracts of insurance require absolute disclosure of anything that might influence the decision whether or not to take on the risk. And the non-diclosure might well be used to repudiate a claim.
    This has changed now and the obligation is for all questions asked to be answered truthfully.

    nilequeen wrote: »
    Arrested on suspicion towards end of september last month, bailed unconditionally and cover taken out today.
    His solicitor reckons he probably won`t get prosecuted but his partner may, but this is a joint policy

    He needs to look at the questions closely (and any 'assumptions'). They usually ask about convictions and pending prosecutions for the policyholder and all residents.
  • dacouch
    dacouch Posts: 21,637 Forumite
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    I recommend you take out the reference to when cover was taken out so it cannot be connected.

    Edit the post to say shortly after.

    The law has changed to protect consumers, the Insurer has to ask a clear question so they would have to ask a clear question about convictions. If the question is not clear then the Insurer cannot rely on it

    The Insurer cannot decline a claim for not disclosing information.

    HOWEVER if the customer is found to deliberately or carelessly with held the information then.

    They need to bear in mind that if they have tried to obtain quotes disclosing the convictions then this normally filters through to the Insurers including the company they eventually have taken cover with.

    Bear in mind the question (About convictions) will normally apply to the policyholder and their partner and their family living with them. This is assuming the questions make it clear they apply to the partner and family living with them.
  • rs65 wrote: »
    This has changed now and the obligation is for all questions asked to be answered truthfully.




    He needs to look at the questions closely (and any 'assumptions'). They usually ask about convictions and pending prosecutions for the policyholder and all residents.

    So what next, should he ring them in the morning? he thought they meant has he been prosecuted or convicted which he hadn`t yet,as it is all up in the air.
  • dacouch
    dacouch Posts: 21,637 Forumite
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    Which Insurer is it as we can look at the exact wording of the question to see if there is any ambiguity.
  • rs65
    rs65 Posts: 5,682 Forumite
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    nilequeen wrote: »
    he thought they meant has he been prosecuted or convicted

    What was the wording of the question?
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