An insurer finds that Mr Kan deliberately hid two earlier fire claims when proposing. It avoids the policy within a reasonable time. The premiums he paid are:
Answer: generally not returnable, as the breach was fraudulent. Deliberate concealment is fraudulent non-disclosure. On avoidance, premiums paid are generally returnable, unless the breach was fraudulent on the part of the insured or his agent.Why not the others:• returnable after deducting the insurer's costs: there is no rule allowing a costs deduction; fraud removes the refund.• returnable for the period after the breach was found: avoidance is from inception; the refund question turns on fraud, not on a period.• returnable in full, as the contract is avoided from inception: premiums are generally returned on avoidance, except where the insured or his agent acted fraudulently.Watch out: Assuming avoidance from inception always means a full refund.Rule: Fraud by the insured or his agent: premiums are generally not returnable on avoidance.Source: IA P1 Study Notes, 2024 Edition (8th ed., Nov 2024; for exams from 17 Feb 2025), 3.2.6, p. 3/7
Assuming avoidance from inception always means a full refund.
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