CR22 Funeral Insurance – confusion about the identity of the insured
• Funeral Insurance – confusion about the identity of the insured.
The identity of the policyholder is one of the essential aspects of a policy. Uncertainty about the identity of the true policyholder or the failure by the intended policyholder to agree to be a party to the policy document would obviously affect its validity. In a recent case it was not apparent from the application form whether it was the complainant, Mr A, or the late Ms B who intended to be the true “policy owner”; and if it was Ms B, it was probable that it was not she, but the complainant, who signed the form. That being so, the insurer took the view that an application form, signed by someone who was not the apparent policyholder, did not bind it and it tendered to refund to the complainant all the premiums received from him. We invited the complainant, if he disagreed with that approach, to provide us with the answer to the insurer’s concerns. In the event he was unable to do so and the file was closed.