Do advisers have responsibility for non-disclosure?

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Conversations about reducing the risk of non-disclosure in protection applications usually focus on the need for insurers to improve their application forms and the propensity of consumers to lie in order to get cover.

This may change during the next couple of weeks when the Law Commission produces a paper examining the role of advisers in the application process, as it may raise questions over what responsibilities advisers have for their clients’ non-disclosure. While advisers are technically acting for their clients, it is not always clear from the customer’s perspective this is case because the remuneration comes from the insurer and commission does not have to be disclosed at the quote stage under the insurance conduct of business (ICOB) rules . If the adviser appears to be acting for the insurer...

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