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22 August 2014 / Alison Wright
Categories: Features , Insurance surgery
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Insurance surgery: Driving forward

Alison Wright examines new consumer law implications for motor insurers & policyholders

The Road Traffic Act 1988 (RTA 1988) entitles an insurer to a declaration if it issues proceedings for a declaration within three months of the commencement of proceedings in which judgment is given and proves that the policy was obtained “by the non-disclosure of a material fact”.

“Material” is defined as “of such a nature as to influence the judgement of a prudent insurer in determining whether he will take the risk, and, if so, at what premium and on what conditions”.

Insurers often want an application to be made to obtain a statutory declaration that the motor insurer is entitled to void a contract of insurance with the policy holder on the basis of non-disclosure of material fact, commonly a failure to disclose previous driving convictions. In circumstances whereby the insurer would not have entered into the contract (or not in the same terms) if aware of the non-disclosure they are entitled to void the policy on the grounds of misrepresentation.

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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