Basically the last line - all they can do is take the extra premium from any payout paid to the policyholder, or if they find out before, demand the additional premium and if they don't receive it, cancel the policy.
The Third Parties (Rights against Insurers) Act 2010.
Nothing you say to the insurer will stop the payouts to a third party, as long as the reg. no. is correct the third party claim is not concerned with the contractual arrangements agreed between the insured and the insurer.
The Consumer Insurance (Disclosure and Representations) Act (CIDRA) 2012
The insurer must ask appropriate questions and the consumer must answer them honestly and carefully. CIDRA imposes on the consumer a duty to take reasonable care not to make a misrepresentation. The standard applied is objective, being that of the reasonable consumer taking into account all relevant circumstances (such as the type of insurance and how it was sold). The particular characteristics of the individual consumer are only relevant if the insurer knew, or ought to have known about them.
Where the consumer gives incorrect information, CIDRA distinguishes between three types of misrepresentation:
- Reasonable.
- Careless.
- Deliberate or reckless.
Misrepresentations that are careless or deliberate and reckless are described as "qualifying misrepresentations" for which the insurer will be compensated if it can show that it would have acted differently had it known the true facts. There is no remedy if the consumer's misrepresentation was reasonable.
For a misrepresentation to be deliberate or reckless, the insurer must show that the consumer both:
- Knew that the statement was untrue or misleading, or did not care whether it was or not.
- Knew that the matter was relevant to the insurer or did not care whether it was or not.
Two presumptions assist the insurer:
- The consumer is presumed to have the knowledge of a reasonable consumer.
- If the insurer asks a clear question, the subject matter of the question is presumed to be relevant.
If the misrepresentation is deliberate or reckless (essentially fraudulent), the insurer may avoid the policy and can generally keep the premium.
If the misrepresentation is careless, the insurer's remedy depends on what it would have done had proper information been provided:
- If the insurer would have declined the risk altogether, it can avoid the policy and refuse any claim but should return the premium.
- If the insurer would have written the policy on different terms then those terms apply from inception. These terms may include different limits or exclusion clauses.
- If the insurer would have charged a higher premium, any claim can be reduced pro rata to the underpayment.