Chapter IPTM8145

Published date19 March 2016
Record NumberIPTM8145

A variation of an insurance policy is a change in the terms of the policy that falls short of a fundamental reconstruction, see IPTM8110. The policy after variation must be tested to see whether it continues to qualify. The tests that are applied are the same as those applied to a new policy issued in substitution for an old policy - IPTM8120 to IPTM8130.

Variation of a policy

The terms of a policy can normally only be varied by explicit agreement between the insurer and the policyholder or a person acting on behalf of the policyholder and the insurer should get written acceptance of the variation from the policyholder. It cannot in general be assumed that the variation is accepted simply because the policyholder does not respond. An exception is where a policy is varied as part of a court-approved process, for instance a scheme of business transfer between insurers under Part 7 Financial Services and Markets Act 2000, or a compromise between policyholders and insurer under sections 895 to 901 Companies Act 2006 (previously sections 425 to 427 Companies Act 1985).

However, it is possible for the conditions of a policy to change without there being a...

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