Health questions in life insurance and the risk of getting them wrong

Key rules

• Questionnaire: You must answer what the insurer asks, truthfully and fully, but you do not have to volunteer what it does not ask.
• Cancellation window: If you answer health questions wrongly, the insurer has one month from learning of it to cancel the policy, and can refuse to pay if you acted with intent or gross negligence.
• Burden of proof: The insurer must prove that your statement was inaccurate.
• Past cancer: After 5 years from the end of treatment with no relapse, the insurer cannot ask about or use a past cancer.
• Your copy: Keep a copy of the questionnaire with your answers.

Answer every question truthfully

You must answer the insurer's questionnaire honestly and completely, based on what you know when you answer. You do not have to volunteer anything the questionnaire does not ask. The insurer cannot rely on an omission if it never asked the question. Each insurer has its own questionnaire, so read it in full before you start.

Keep a copy of the questionnaire with your answers as you submitted them. If there is a dispute later, it is your proof of what you were asked and what you said.

What insurers usually ask

Expect questions about:

• Age, height and weight.
• Smoking, nicotine and vaping, and how long ago you stopped. Also alcohol and drug use.
• Current and past illnesses, surgeries, hospital stays and medication.
• Family history of some conditions.
• Recent tests or diagnoses you are waiting for.
• Your job and duties, especially manual work, work at height, work with chemicals, armed forces or security.
• Dangerous hobbies such as diving, climbing, motor sports, aviation or skydiving.
• Travel or residence in high-risk countries.
• Any earlier refusal, premium loading or claim with another insurer.
• Income, if you are buying disability cover.

Your answers can lead to acceptance, a higher premium (a loading), exclusion of certain risks, or a refusal. A truthful answer that raises your price is far better than a false one.

What happens if an answer is wrong

The insurer has one month from learning of the problem to cancel the policy. It cancels by sending you a declaration. After that month, it can no longer cancel on that basis.

What you receive depends on timing and on your conduct:

• The insured event happens before the insurer cancels: the payout is reduced in proportion. It compares the premium you paid with the premium you would have paid had you answered correctly.
• You acted with intent or gross negligence: the insurer can refuse to pay and keep the premiums for the current period.

Honest mistakes are treated differently from deliberate ones. Courts decide whether an answer was intentionally false. The insurer has to prove that a statement was inaccurate, not you.

Challenges years later

For health statements in life insurance, the insurer cannot challenge your answers later unless you acted with intent. There is no fixed number of years after which wilful misstatement is safe. Claims generally expire five years from the date the claim arises.

Past cancer

If you had cancer, the insurer may not ask about it, or take it into account, once 5 years have passed since the end of your treatment with no relapse. The same 5 years applies if you were diagnosed before age 18. After that, insurers cannot exclude you or load your premium because of it. Before the 5 years pass, the insurer may ask. The period can be updated by regulation, so check the current figure with your insurer or broker.

Before you submit

Use the checklist below to gather your medical, work and lifestyle details first. The timeline shows the steps after an inaccurate answer comes to light.

Timeline and deadlines

• The insurer learns that an answer was inaccurate or something was left out: when the insurer finds out

• The insurer cancels the policy by declaring it to you: within one month of learning of the inaccuracy; after that it cannot cancel on that basis

• If the insured event happens before the insurer cancels, the payout is reduced in proportion to the premium paid compared with the correct premium: when the claim arises before the cancellation declaration

• If you acted with intent or gross negligence, the insurer is released from paying and keeps the premiums for the period in progress: when the claim is decided

• The insurer can still rely on wilful misrepresentation about your health: until five years after the date the claim arises

Documents you need

• A copy of the health questionnaire the insurer gave you, with your answers as you submitted them. The insurer issues it and you keep it. It is the record of what you were asked and what you declared.

Checklist

• Read every question fully before you answer, and answer only what is asked, truthfully.

• Mention recent tests or pending diagnoses if the questionnaire asks about them.

• Declare smoking, nicotine and vaping, and how long ago you stopped, along with your alcohol and drug use if asked.

• Describe your job and its duties accurately, including manual work, work at height, work with chemicals, or security and armed forces roles.

• Declare dangerous hobbies such as diving, climbing, motor sports, aviation or skydiving, and travel or residence in high-risk countries, if asked.

• Declare any previous refusal, premium loading or claim with another insurer if the questionnaire asks.

• If you had cancer, count 5 years from the end of treatment with no relapse; after that, you do not need to answer questions about it.

• Keep a copy of the signed questionnaire with your policy papers.

Disclosure mistakes that can void a life policy

• Leaving out health, smoking, job or hobby facts: If you leave out or misstate a health, smoking, occupation or hobby fact, the insurer can refuse the claim. If you acted with intent or gross negligence, it does not have to pay and keeps the premiums for the period in progress. If the error was an honest mistake, the payout can be cut in proportion to the premium you paid compared with the premium you should have paid. Answer every question fully and truthfully. If you are unsure, check your medical records or ask your doctor before you sign.

• Cancellation after the insurer finds out: The insurer has one month from learning of a wrong answer to cancel the policy. If the insured event happens before it cancels, the reduced payout or refusal still applies. Correct any wrong answer as soon as you notice it by telling the insurer in writing.

• Questions beyond your health: Insurers also ask about height and weight, smoking and vaping, alcohol and drugs, medication, surgeries, pending tests, your job and duties, dangerous sports, travel to high-risk countries, and past refusals or claims. Answers affect whether you are accepted, the price, exclusions, or refusal of cover. Mention hazardous work, diving, climbing, motor sports, flying or skydiving, and any time you stopped smoking. Keep a copy of your completed questionnaire.

• Who has to prove a wrong answer: The insurer must prove that an answer was inaccurate, and courts judge whether it was intentional. This does not protect an answer you knew was false. Do not rely on this. Give accurate answers from the start.

Frequently asked questions

Do I have to tell the insurer things the questionnaire does not ask?

No, you only have to answer what the insurer's questionnaire asks, fully and truthfully.

Will the insurer still pay if my health answers were wrong by mistake?

Yes, but it can reduce the payout in proportion to the premium you paid compared with the premium you would have paid with correct answers. This applies if the insured event happens before the insurer cancels. If you acted with intent or gross negligence, the insurer can refuse to pay.

Can the insurer challenge my health answers years later?

Only if you acted with wilful misconduct, because for wrong statements about your health the insurer has no right to challenge otherwise. Even then, the general time limit for life insurance claims is five years from the date the claim arises.

Do I have to mention a past cancer when applying for life insurance?

Not once 5 years have passed since your treatment ended with no relapse, because the insurer can then neither ask about it nor take it into account. Before that, the insurer may ask. The same 5 years apply if you were diagnosed before age 18, and the insurer cannot exclude you or raise your premium for it afterwards.