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INDUSTRIAL ASSURANCE (NORTHERN IRELAND) ORDER 1979 - SECT 27

27.(1) If the proposal for an industrial assurance policy contains a statement
that the person whose life is proposed to be assured is not at the time of
making the proposal a person on whose life another policy has been issued by
the collecting society or industrial assurance company, and a policy is issued
in pursuance of the proposal, the society or company shall be liable under the
policy, notwithstanding that the statement is not true and the truth of the
statement is made a condition of the policy.

(2) Subject to paragraphs (3) and (4), if a proposal form for an industrial
assurance policy is filled in wholly or partly by a person employed by the
collecting society or industrial assurance company, the society or company
shall not, except where a fraudulent statement in some material particular has
been made by the proposer, be entitled to question the validity of the policy
founded on the proposal on the ground of any misstatement contained in the
proposal form.

(3) If the proposal form mentioned in paragraph (2) contains a misstatement as
to the age of the person whose life is proposed to be assured, the society or
company may so adjust the terms of the policy, or of any policy which may be
issued in substitution or in lieu thereof, as to make them correspond with the
terms which would have been applicable if the correct age of the person had
been originally inserted in the proposal.

(4) In relation to a policy issued after 22nd December 1948, paragraph (2)
does not apply to a misstatement concerning the state of health of the person
upon whose life the assurance is to be taken out.

(5) Nothing in any term or condition of an industrial assurance policy issued
after 22nd December 1948, or in the law relating to insurance shall operate to
except the collecting society or industrial assurance company from liability
under such a policy, or to reduce the liability of the society or company
under such a policy, on the ground of any matter relating to the state of
health of the person upon whose life the assurance is taken out, other than
the ground of the proposer's having, when making the proposal or thereafter
and before the making of the contract, either

(a)made an untrue statement of his knowledge and belief as regards that
matter; or

(b)failed to disclose to the society or company something known or believed by
him as regards that matter.

© 1979 Crown Copyright

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