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Disclosure question.

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  • 30-07-2019 5:39pm
    #1
    NUTLEY BOY
    Registered Users Posts: 2,344 ✭✭✭


    P is policyholder.
    N is named driver on P's policy.
    U is the motor insurance underwriter.

    N develops a medical condition 6 months before renewal date.
    It is unclear if the condition will affect N's ability to drive.
    Assume the condition would constitute a material fact.
    N informs P of the position.
    P receives renewal notice but does not declare N's position to U and renews the policy.

    N is subsequently involved in an accident.
    The full facts of N's position then come out.

    Q1. Would U be entitled to repudiate liability to both P and N for non-disclosure ? If so, why ?

    Q2. Is there any obligation on N to declare directly to U ?


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    #2
    biko
    Registered Users Posts: 81,220 ✭✭✭✭biko


    This forum, as any other forum on board.ie, does not offer legal advice.

    That said, I see this on several insurance sites:
    In offering you an online car insurance quotation, we assume the following:
    You, your named drivers or any person who may drive your car:
    Do not suffer from any disability or medical condition that would impair your ability to drive
    It's probably in the T&Cs somewhere for renewal too.


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    #3
    Atlantic Dawn
    Registered Users Posts: 82,784 ✭✭✭✭Atlantic Dawn
    M


    Does N receive medical advice telling him/her they can not drive?


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    #4
    pummice
    Registered Users Posts: 250 ✭✭pummice


    does your GP think that N's medical condition would affect his/her ability to drive safely ?


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    #5
    coylemj
    Registered Users Posts: 25,455 ✭✭✭✭coylemj


    NUTLEY BOY wrote: »
    N develops a medical condition 6 months before renewal date.
    It is unclear if the condition will affect N's ability to drive.
    Assume the condition would constitute a material fact.

    Hypothetical and all as this may be (is it?), there is a conflict between stating that it's unclear as to whether the condition affects N's ability to drive and saying that we should assume that it is a material fact for the purposes of insurance cover. It is or it isn't.
    pummice wrote: »
    does your GP think that N's medical condition would affect his/her ability to drive safely ?

    +1 this has a major bearing on how you deal with the situation. The consensus on other threads is that if the condition is not one which would be noted on the driving licence or which would require ongoing medical certification to renew your driving licence then it does not affect your insurance.

    But the safe and bulletproof answer is: if in doubt, disclose.


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