Tag archives: life insurance

Life insurance and fraud

Photo of Donald DinnieBy Donald Dinnie on Posted in Insurance
In this judgment (dealt with here on material non-disclosure) the second material issue dealt with by the court was whether the insured truthfully represented his medical conditions in relation to his continued ability to work. The insurer alleged that the insured did not tell either the insurer or the examining doctor that he could perform … Continue reading

Life insurance and material non-disclosure

Photo of Donald DinnieBy Donald Dinnie on Posted in Insurance
In this judgment, the insured had two life policies with the insurer, which included life cover, severe illness benefits, and income continuation benefits. The insured amended the policies a number of times, but on none of these occasions did the insured disclose that he had been diagnosed with and treated for clinical depression.  The court … Continue reading

Review of a decision by the Life Insurance Ombudsman

Photo of Donald DinnieBy Donald Dinnie on Posted in Insurance
In this recent judgment the insurer rejected the life policy claim of the executor of the deceased estate relying on an exclusion in the policy that liability would not arise where death resulted from a condition that pre-existed the existence of the policy if that death occurred before the expiration of twelve months from the date … Continue reading

Insurers proving material non-disclosure

Photo of Donald DinnieBy Donald Dinnie on Posted in Insurance
An insurer who wants to avoid a policy must prove a material non-disclosure by the insured on a balance of probabilities. That is normally done by way of leading oral evidence and the process of cross-examination. It is unusual, although not unheard of, for oral evidence to be dispensed with and questions of non-disclosure to … Continue reading
LexBlog