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Misrepresentation, Non-Disclosure and Breach ... - Law Commission

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Section 3 Economic incentives in insurance markets<br />

Table 1: Illustrative working of an insurance market with no misrepresentation<br />

1. St<strong>and</strong>ard policy 2. Policy for people<br />

with high blood<br />

pressure.<br />

Number of policies written 800 200<br />

Premium per policy £200 £400<br />

Income from pool of policies £160,000 £80,000<br />

Expected number of claims 2% = 16 4% = 8<br />

Actual number of claims 2% = 16 4% = 8<br />

Cost per claim £10,000 £10,000<br />

Cost of claims for pool £160,000 £80,000<br />

Economic Profit £0 £0<br />

3.1.2 Scenario 1: Charging the full premium<br />

However, some people fill out insurance application forms inaccurately,<br />

despite the clear warnings of the possible consequences of doing so. Suppose<br />

that the insurance company writes 150 for people with high blood pressure,<br />

instead of writing 200. The shortfall is accounted for the fact that the<br />

insurance company insures 50 people who have high blood pressure who<br />

have misrepresented their condition. These individuals should have been<br />

charged £400, but instead have been charged the st<strong>and</strong>ard policy rate of only<br />

£200 each.<br />

Suppose that the various categories of policy holder suffer a critical illness in<br />

line with expectations. From the normal population, there will be 16 claims<br />

(as before) while from the group of individuals that has disclosed high blood<br />

pressure, there will be 6 claims. In the case of the group of individuals who<br />

have not disclosed their existing condition of high blood pressure, there are 2<br />

claims.<br />

Clearly, in the absence of any legal remedy, the insurer would be forced to<br />

pay claims from 2 individuals that should have represented or disclosed<br />

themselves to be suffering from high blood pressure. The impact of this<br />

would be that the insurer has suffered a significant economic loss of £10,000.<br />

London Economics<br />

June 2007 9

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