Insurance court dismissed claim for refund of excess premium due to policyholder's failure to notify insurer of risk change.
Legislator summary
AI generatedThe Insurance Court dismissed the policyholder's claim for a refund of the excess premium paid for an extended coverage period. The policyholder argued that the insurer should have accepted the risk despite the late notification of a change in the insured's occupation, while the insurer contended that the policy terms strictly required prior notification to adjust the premium. The court ruled that the policyholder's failure to notify the insurer of the risk change before the premium adjustment took effect constituted a breach of the contract, thereby justifying the refusal of the refund.
Legislator headnote
AI generatedInsurance Act 1993, Section 13; Insurance Contract Act 1993, Section 14: The insurer is not obligated to adjust the premium retroactively if the policyholder fails to notify the insurer of a material change in the risk before the adjustment period begins.
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