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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10275
Experience:  Barrister 17 years experience
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Or MadamMy Husband has an ex Pearl now taken over

Resolved Question:

Dear Sir or Madam
My Husband has an ex Pearl now taken over by Phoneix Life assurance policy which has been in existence since April 1981 and all regular premiums have been paid, the policy states in writing that it's duration is for 35 years. which means it should mature in April 2016.
Recently we looked at a bonus statement sent to my husband from Phoneix Life that stated the policy matured in 2019 and so we were very surprised and confused in this change of maturity date, so we contacted Phoneix Life in late September and even sent a photo copy of the said policy to them.
After a long wait, they have now offered my husband payment of compensation for the mistake but advised him that on their records the policy is set up for 38 years,and will not mature until then. My husband is not happy about this he is now 60 years of age and believed this policy would mature at the age he might choose to retire of 60.He has not been offered proof of this different extended maturity date are we within our rights to demand a photo copy of the original policy proposal? Surely the document he has should be honored with the date printed on it as he feels he has been mislead all these years.
So hope you can advise us of our next steps.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
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Expert:  Buachaill replied 1 year ago.
1. Yes, your husband is entitled to a copy of the original policy proposal should he so wish. This is because contacts of life assurance and contracts of insurance generally are contracts of good faith and full disclosure.
Expert:  Buachaill replied 1 year ago.
2. Accordingly, the life assurance company are obliged to provid ea copy of the original policy to your husband should he so wish. This will solve the issue of whether he has been mislead or not. However, your husband should also ask for any details of changes in the intervening years.
Expert:  Buachaill replied 1 year ago.
3. Be aware that the onus is on the life assurance company, Phoenix Life, is show that the change has lawfully occurred. There is a large difference between 35 and 38 years.
Expert:  Buachaill replied 1 year ago.
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Buachaill, Barrister
Category: Law
Satisfied Customers: 10275
Experience: Barrister 17 years experience
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