Legislator Case Law & Legislation
VakO 15.9.1998/2361:98 AI generated

Insurance court dismissed claim for additional premium due to insurer's failure to prove policyholder's age at policy inception.

Case Number VakO 15.9.1998/2361:98
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Finnish Insurance Court dismissed the policyholder's claim for an additional premium based on their age at the time of policy issuance. The insurer argued that the policyholder had misrepresented their age, but failed to provide evidence proving the specific age at inception. Consequently, the court ruled that without proof of misrepresentation, the insurer could not adjust the premium retroactively.

Legislator headnote

AI generated

Insurance Act 1993, s. 10; Insurance Contract Act 1993, s. 15: An insurer may only claim additional premiums for age-related adjustments if it can substantiate the policyholder's age at the time of contract formation with credible evidence.

Keywords

AI generated
insurance contract formation age misrepresentation additional premium claim burden of proof policyholder age verification

Cited Legislation

AI generated
Insurance Act 1993, s. 10
Insurance Contract Act 1993, s. 15

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