Suppose one phones an insurance company and arrange and pays for car insurance. One then receives the documentation and there is an additional clause that was not mentioned that invalidates the insurance. Is this clause valid?
The story that prompts this question is real, but I am not asking for advice as I have solved the problem with communication. I just wonder what would have happened had I said nothing.
I just phoned my insurance company to arrange my car insurance for next year. We went through all the details and I was about to accept the offer when I mentioned that my brother was visiting from the US. At that point the salesperson informed me that the insurance would not cover my brother, as they must be resident in the UK. At no point prior to this had they mentioned such a requirement. I therefore declined their offer. I have done this many times before an it has not been an issue. However had I not mentioned this I would have accepted the offer. They may well have sent me a verbose contract with that term in there, but I may not have read it and my brother would have driven the car assuming they were insured.
If this had occurred would my brother have been insured?
From answers it seems it may be relevant how frequent such a clause is. I have two old car insurance contracts and neither mention such a residence requirement. I have found many more "Certificate of Insurance" with my brother as a named driver and they make no mention of the requirement. It is those that must be shown to the police on request to prove one has insurance. I have found a policy document online that does not appear to mention such a requirement.