Hi, I have a couple of questions from this section of the notes - CH21: 1. If the non-disclosure would not have resulted in a different underwriting outcome, then what happens in each case of innocent, negligent and deliberate non-disclosure? 2. For deliberate non-disclosure, the notes say the outcome is to avoid the policy from outset and decline the claim. Does this include refunding the premiums paid, perhaps with interest? Anyone more familiar with this guidance to answer these questions? Geetha
Ch21 Section 2 - ABI guidance on non-disclosure 1. The claim would usually be paid in full because if disclosure of the information would not have made any difference to the outcome. 2. Insurer would normally return the premiums paid. The exception to the above would be where "there is clear evidence of fraud, or if the non-disclosure has been proved fraudulent in a court of law." The full guidance can be accessed at: http://www.abi.org.uk/Members/circulars/viewAttachment.asp?EID=18610&DID=15625 There's a useful flowchart on p8 of the guidance; and parag 8.5. explains the return of premiums point. Cheers Steve
