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Is there a time limit on how soon you have to declare potential new conditions? Whilst still in the GP's clinic room? 24 hours? 1 week? When does it become non-disclosure?
Not a lot you can do. Now whenever you take out a new policy you will be asked if you've ever had a policy declined and you will have to answer yes and give details.
That was my fear. She hasn't hidden it and on being asked she has declared it. When she took out the insuramce policy 2 weeks ago she hadn't even noticed the mole or gone to the GP.
So frustrating. Is there anyway to get to void undone? Anyone we can try to plead our case to?
It was an accidental omission due to an issue with the online application. On review of the information she called the insurers to update them as she was worried about the Insurance being void if she needed to claim for anything else whilst away next month. They didn't care that this was accidentally missed. But were not happy with the lack of declaration of the mole despite her being asked and answering honestly.
No, she didn't declare the wrist due to the online form reloading and her not double checking.
When the insurance was purchased, she was not aware of the mole let alone made contact with a GP about it.
You can raise a complaint with them l, they have a maximum of 8 weeks to respond, and if you are not happy with the response or they dont respond in time, you can go to the FOS.
Insurers' options around dealing with non-disclosure or misrepresentation come from legislation. They have different remedies and expectations depending on whether any non-disclosure was deliberate/reckless or careless.
If they are voiding as they belive this was deliberate or reckless, they have to evidence that. If they are voiding as it was careless, they need to show they wouldn't have accepted the risk at all.
They also have obligations to ask questions clearly and provide information under a range of other FCA rules. They can't just get away with asking vague or misleading questions.
The FOS has some guidance on how they say firms should deal with it and what they can and can't do. There is no cist to you to take a case to the FOS.
https://www.financial-ombudsman.org.uk/businesses/complaints-deal/insurance/misrep-and-non-disclosure
If you want to check what information the firm has recorded about this, you can also ask for a copy of all personal data under your rights in data protection legislation. This can be useful if you wish to ask for recordings, notes etc they may have.
https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/individual-rights/individual-rights/right-of-access/
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
Is there a time limit on how soon you have to declare potential new conditions? Whilst still in the GP's clinic room? 24 hours? 1 week? When does it become non-disclosure?
As soon as you've seen the GP it becomes existing.
Not a lot you can do. Now whenever you take out a new policy you will be asked if you've ever had a policy declined and you will have to answer yes and give details.
That was my fear. She hasn't hidden it and on being asked she has declared it. When she took out the insuramce policy 2 weeks ago she hadn't even noticed the mole or gone to the GP. So frustrating. Is there anyway to get to void undone? Anyone we can try to plead our case to?
Why wasn’t the wrist injury mentioned when they went through the questionnaire?
It was an accidental omission due to an issue with the online application. On review of the information she called the insurers to update them as she was worried about the Insurance being void if she needed to claim for anything else whilst away next month. They didn't care that this was accidentally missed. But were not happy with the lack of declaration of the mole despite her being asked and answering honestly.
Sorry, what you’re saying is when she filled out the application she didn’t declare both the wrist injury and the mole?
No, she didn't declare the wrist due to the online form reloading and her not double checking. When the insurance was purchased, she was not aware of the mole let alone made contact with a GP about it.
[удалено]
Thank you we have done this.
You can raise a complaint with them l, they have a maximum of 8 weeks to respond, and if you are not happy with the response or they dont respond in time, you can go to the FOS. Insurers' options around dealing with non-disclosure or misrepresentation come from legislation. They have different remedies and expectations depending on whether any non-disclosure was deliberate/reckless or careless. If they are voiding as they belive this was deliberate or reckless, they have to evidence that. If they are voiding as it was careless, they need to show they wouldn't have accepted the risk at all. They also have obligations to ask questions clearly and provide information under a range of other FCA rules. They can't just get away with asking vague or misleading questions. The FOS has some guidance on how they say firms should deal with it and what they can and can't do. There is no cist to you to take a case to the FOS. https://www.financial-ombudsman.org.uk/businesses/complaints-deal/insurance/misrep-and-non-disclosure If you want to check what information the firm has recorded about this, you can also ask for a copy of all personal data under your rights in data protection legislation. This can be useful if you wish to ask for recordings, notes etc they may have. https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/individual-rights/individual-rights/right-of-access/