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Have you ordered your replacement literature?

Published: 05 Apr 2013


The Consumer Insurance (Disclosure and Representations) Act 2012 ("the Act") comes into force on 6 April 2013.  This new piece of legislation will place the onus on insurers to be clear and specific, in the questions they ask, about the information that is needed from the customer in order to underwrite their policy, instead of relying on the customer to volunteer information and provide all material facts. 

Without asking specific questions on a risk issue that we may wish to assess, we would not be able to pursue a case for non-disclosure. Therefore we must ensure that the customer understands that they must answer all questions accurately, fully and honestly, and that the customer is informed of this from the outset. We must ensure the customer is aware that failure to do so may result in any claims being denied or the policy being avoided.

The Act makes specific provision for Individual and Group Insurance. A Group customer is under the same duty where providing information to receive cover under a Group Scheme, as if they were buying the same insurance product directly from the insurer as an individual customer.

This piece of legislation is mandatory and to reinforce this, the FSA has issued communications to confirm that it expects all firms to comply from the date the legislation comes into force (6 April 2013).


•All health declarations have been amended to ensure the question set is specific to the information that is required to underwrite the policy.
•All applicable literature has been updated to ensure the customer is aware of their duty to disclose and answer questions fully, honestly and accurately.

Clarification of our terms and conditions

Whilst reviewing product literature for the Act we have taken the opportunity to review and amend product terms to provide added clarity for our customers. The clarified terms will be applied to new policies and to existing policies at renewal dates. All updated literature will be available in the document area HealthcareZone.

What you need to do:

You need to replace any items that are affected by the Act; you can see what literature this is by going into the document library product areas for PMI or GR.

If you're unsure what's needed please contact your usual Aviva consultant who'll be happy to help.


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