Question Author
To quote the letter sent from Southern rock, the underwriters:
““It has come to our attention that you are a door supervisor.
When completing your policy online via (Asda) to commence on ??st October 2012, you were asked to enter your “Occupation” You entered “Other – Professional”, this was clearly incorrect.
Had we been aware of the above at inception of the policy, we would not have offered insurance under any terms. This was material information which you failed to disclose.
May I draw your attention Asda’s “Terms of Business” which clearly state the following:
Disclosure of Information
CVD expects you to provide complete and accurate information when you take out your insurance policy, throughout the lifetime of the policy and when you renew your insurance. If you’re unsure about disclosing information please contact us for guidance. Any information that may influence your insurer to accept, amend or decline your insurance proposal or renewal must be disclosed. If you’re unsure about disclosing any matter please contact us for guidance.
Failure to disclose any material information or inaccuracies in the information given could invalidate you insurance cover and mean that part or all of your claim not be paid. Any advice we offer will be based on the details you provide.
You’re reminded that it is an offence under the Road Traffic Act to make any false statements or withhold any relevant information to obtain a Certificate of Motor Insurance.
May I also draw your attention to the “Policy Wordings”, under “General Conditions Applying to the Whole Policy, it clearly states:
Your Duty
Changes which may affect Your Cover
Your insurance cover and premium is based on the information You supplied to Us in the most recent Statement of Information. You must check the details carefully when You take out Your Insurance Policy, throughout the lifetime of the Policy and when you renew Your insurance. If You are unsure about disclosing any information please contact Us for guidance on (Asda)
Failure to disclose any information or inaccuracies in the information given could invalidate Your insurance cover and mean that part or all of Your claim may not be paid.
Note: If You fail to provide complete and accurate information to the best of Your knowledge and belief when You take out Your insurance Policy or if You do not tell Us about any relevant changes, We may:
• Reject Your claim.
• Reduce, make deductions from or pay only a proportion of Your claim.
• Cancel and invalidate the Policy.
• Void the Policy, which means to treat as though the Policy never existed.
• Do a combination of the above.
All changes should be made online at (Asda)
You should keep a record of the information You give in relation to this Policy. If You did not or do not give full and accurate information or You fail to notify Us of any changes in circumstances, this Policy may be rendered invalid and We may refuse to deal with any claim You might make.””
I argue that I DID give the most accurate information to the best of my knowledge because I used the most viable options that were available to me online at the time.
Asda are also saying that they will give a full refund, but this still voids my insurance, not fixing the problem.
Eldon are saying they will return my car, because they recovered it from the motorway.
If I were to accept my car back, will this affect the dispute I have with Asda, even though the car is my property?
Are Asda and Southern Rock not breaching ICOBs 8.1.2 R?
-A rejection of a consumer policyholder's claim is unreasonable, except where the evidence is fraud, if it is for:
1. non-disclosure of a fact of material to the risk; or
2. non-negligent misrepresentation of a fact material to the risk; or
3. breach of warranty or condition unless the circumstances of the claim are connected to the breach.
Do I now seek legal aid?