Home / Legal principles of life insurance / - Duty of Disclosure
The proposer must disclose all material facts known by him to the insurer. The duty is to voluntarily disclose, and the proposer cannot withhold a material fact because no specific question was asked on that point in the proposal or medical examination. A proposer might, however, be justified in inferring from the fact that the question was not asked that the information undisclosed was not regarded as material.
For this reason, many insurers frame their proposal questions fairly widely and may even have a question on the lines of “Is there any other factor which may affect the risk on your life?”
Duration of the Duty
The duty of the disclosure continues until the completion of the contract; that is, the payment of the first premium.
Consequences of Breach of Duty
If the proposer fails to disclose a material fact this renders the contract voidable at the option of the insurer. The burden of proving non-disclosure is on the insurer. However, if an insurer discovers a non-disclosed fact and then continues to accept premiums, it cannot afterwards repudiate liability on the grounds of the non-disclosure of that fact. This is because, by knowingly accepting further premiums, the insurer is deemed to have ratified the contract.
06 August 2008 17:27:22
An antibiotic developed from maggots may be used to fend off different types of bacteria including certain types of the deadly methicillin-resistant Staphylococcus aureus (MRSA), Fox news reported.
Students from Swansea undertook the study and they believe that maggots may now be used to fight superbug infections in hospitals.
Those with life insurance policies maybe interested to know that the team developed a drug called Seraticin that is made from secretions of green bottle fly larvae.
They now believe that they may be able to tackle up to 12 strains of the superbug and that it could be effective against E.coli and C.diff.
Live maggots have recently been used on patient's wounds to help fight MRSA by eating dead tissue, the Mirror reported.
UK life insurance policyholders have learnt that new research from the US has found that patients who are carrying MRSA for long periods of time are at an increased risk of infection and death.
06 August 2008 17:22:31
Those without life insurance policies will be pleased to hear about a proposed program that involves vaccinating children against flu in order to provide protection for the rest of the population.
Whilst the Daily Mail claimed that running the programme could cut flu infection rates by 70 per cent, the Daily Telegraph reported that "flu could be virtually wiped out if all under 16s were vaccinated against the disease".
A similar programe was considered and subsequently rejected in 2006 by the Joint Committee on Vaccinations and Immunisation, the NHS reported.
New research published in the Lancet this week suggested that the influenza vaccine did not provide as much protection as was previously thought.
In the study a group of 3,500 individuals were tested and it was uncovered that in those over 65 there was no link between the flu vaccination and the risk of those people contracting pneumonia.
UK life insurance provides cover in case of injury or illness.
05 August 2008 17:34:54
Those with and without life insurance policies may be interested to know that a trial of a vaccine for HIV patients which allows them to take breaks from their regular medication is planned, the BBC reported.
The trial, which was announced at the Aids 2008 conference in Mexico City, will involve 345 patients in both the US and Europe and the results are due by the end of 2009.
It is hoped that the vaccine could help alleviate side effects associated with the drugs currently used to treat the virus and may help delay the emergence of strains of HIV that are resistant to the drugs.
Dr Barry Peters, of Kings College London, who is leading the research in the UK, said: "A successful immunotherapeutic HIV vaccine would give patients and doctors enormous advantages over current treatments, both in developed and developing countries."
Whilst Dr Peters has qualified that the vaccine being trialled is not the "complete answer", it could go some way to helping produce a "full" vaccine.
UK life insurance provides policy holders with cover in case of illness or injury.
