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Life & Income

Non-disclosure is discovered at the claim, not at the application

Protection policies are often issued after a handful of questions. The detailed investigation happens later, when somebody needs the money.

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There is a short answer about protection non-disclosure and a useful one, and they are not the same. What follows is the useful one.

The short version

  • Many policies are issued on answers alone, without any medical evidence at outset.
  • Insurers commonly obtain medical records once a claim is made.
  • Careless and deliberate misstatements are treated very differently in many countries.

Why the questions feel so light

Most protection applications are decided from the answers given, without a medical examination or any report. Insurers use non-medical limits, below which the cost of investigating everybody exceeds the losses it would prevent.

That produces a fast, cheap sale and an application process that feels almost casual to the person completing it. The investigation has not been abandoned; it has been deferred to the point where a claim is actually made. At that point the insurer has a specific reason to check and a specific set of facts to check against.

What gets checked at claim

Insurers commonly request medical records from treating doctors, covering a period of years before the application. They compare what those records show with what was declared on the application form.

Where it helps most, discrepancies are examined in relation to whether they would have changed the underwriting decision or the price. Early claims attract more scrutiny than later ones, because a short interval between application and claim raises the chance that something was already known and unsaid. This is standard practice rather than suspicion, and the great majority of protection claims are paid without any difficulty at all.

Deliberate, careless and honest

Consumer insurance law in several countries distinguishes between deliberate or reckless misstatements and careless ones. Where a misstatement was careless, the remedy is often proportionate, adjusting the payout to reflect the correct premium.

Where the terms would have been different, the claim may be assessed as though those terms had applied. Where the misstatement was deliberate, the policy can usually be avoided and premiums may not be returned. These frameworks are national, so the protections available in one country cannot be assumed to exist in another.

Where omissions actually happen

Alcohol consumption is commonly understated, and medical records frequently contain a different figure. Height, weight and smoking history are the next most common, and all three are recorded routinely by clinicians. Investigations that were still in progress at the time of the application are often omitted because nothing was diagnosed.

Family history questions are misread, particularly where the question asks about specific conditions before a stated age.

Hazardous pursuits and foreign travel plans are forgotten at application, then reappear in the circumstances of the claim itself, where they are impossible to overlook.

If you realise you got something wrong

Tell the insurer as soon as you notice, in writing, rather than hoping the point never arises. Insurers can usually amend terms, adjust the premium or add an exclusion, which is far better than a disputed claim. Correcting an error voluntarily is treated very differently from the same error being discovered during a claim investigation.

Keep a copy of the corrected declaration with your policy documents so that a later claimant can find it. Where the position is complex, take regulated advice rather than deciding what is material yourself.

If that does not fit your week, it is not a failure of willpower.

Making the application properly

Answer the question printed rather than the question you expect, and read any definitions attached to it. Where an answer is uncertain, say so and let the underwriter decide, since disclosure is judged on what you told them. Ask for a copy of the completed application and keep it, because it is the document a claim will be assessed against.

The useful part is this: check anything an adviser completed on your behalf, since responsibility for the answers generally remains yours. Consider requesting your own medical records before applying if your history is complicated or hard to recall.

The takeaway

Keep a copy of exactly what you declared, and correct anything you later realise was wrong before a claim ever arises.

Pick the one that costs you least, and let the rest wait.

Questions readers ask

Does the insurer read my whole medical history?

It generally requests records relevant to the questions asked and the period covered, rather than reading everything ever recorded.

Can a small error void a policy?

In many countries only if it was deliberate or reckless, or if it would have changed the terms. The rules vary by jurisdiction.

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Femi Adeyemi
Claims writer, Insured and Ready

Femi writes about the claims process and what a declined claim usually turns on.

Also by Femi Adeyemi