As I said there was no mention of penalty points on any forms, or in any discussion at any stage whilst I was transferring to the new insurance company under the direction of my insurance broker
I am certain that I did not receive a policy from the new insurer under which i claimed
I'm also surprised that if they disallowed part of the claim that they didn't disallow the whole thing
Not all insurance companies started penalising for pemnalty points as soon as they came in and some possibly still don't. It does seem unfair that you would be penalised if you were not asked asked a specific question and/or did not sign ANY document stating that you had no penalty points. In order to essentially prove that you broke your part of a contract thus enabling them to nullify part of it (the comp cover), they have to show that you knew or should have known from documentation received etc. that points would be an issue....
I don't agree at all. They don't have to show non disclosure.
A basic principle of any contract of insurance is Uberrimae Fides (or utmost good faith). It means that there is an assumption in entering into the contract that all material facts would be disclosed by both parties.
Obviously penalty points a material fact, and the insured knew he/she had incurred them.
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