failure to disclose spent disqualification. can this invalidate an insurance claim?

anybody know any good insurance barristers?

Hi -- Below is an extract from the rehabilitation of offenders act which states once considered spent after 5 years from conviction date, that for insurance purposes you are not obliged to declare it, even though they can take up to 11 years before you can remove them from your licence.

I don't know what the disqualification was for but providing you fit this condition, then they cannot invalidate your claim based on the above grounds only.

http://www.lawontheweb.co.uk/rehabact.htm

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If the proposal form asks whether the applicant has any previous convictions, the answer can be 'no' if the convictions are spent. This is the case even if the conviction is relevant to the risk which the insurers will underwrite. (For example, spent motoring convictions are not required on a proposal form for motor insurance.)

thank u very much for your quick and informed responses. the conviction was for an IN10 placed on the license on the 23/4/2003 and the insurance was for a lamborgini taken out in september 2007. is the IN10 still spent?

qam:thank u very much for your quick and informed responses. the conviction was for an IN10 placed on the license on the 23/4/2003 and the insurance was for a lamborgini taken out in september 2007. is the IN10 still spent?

Oh dear that is not yet spent until 23rd April next Wednesday, so they are within their rights to insist the conviction was declared and therefore refuse the claim...... Ouch. !!!

Bear in mind as the insurance was proposed in Sept 07 the conviction at that time was not 5 years old and should have been declared on the proposal form.

Qam,

Come back to the board and let us know how they handle this claim and if they do refuse to pay out.

Cheers! :)

Oh yes please do let us know. I wouldn't even want to pay the voluntary excess on that claim. !!!

No, me neither lol! Let alone the repairs!