This is a good case study. But based on Financial Act 2013 write up, on grounds that material facts was not presented at the time of inception, be it intentionally omitted, or unintentional, should not be contested after the duration of 2 years aka "non-contestability period" (see attachment, cited from pg 164 of Financial Services Act 2013
FSA2013)
UNLESS insurer has proof that it was a
material matter that should affect the insurer's decision in accepting the insurance proposal.
In layman term, if you already have the knowledge that you have certain medical conditions that might hinder the acceptance of your proposal by the insurance company; and; should you not disclose such information and the policy is in inforcement for a full 2 years or more, the insurance company must pay the claim proceedings (aka non contestability period, this period is shorten to 1 year for Great Eastern, and is called indisputability period). However, if such omission forms a part of
material matter and that the insurance company is able to provide such evidence that could affect the decision in the acceptance of the life to be assured in the first place (for this instance, more than 8 years back), the insurance company reserves the right to reject any claims and terminate such policy.
For unrelated conditions, it is matter to debate. For instance, you have had hearing loss and you did not disclose such material fact, but you suffered a TPD caused by a road accident yesterday, there are grounds for you to debate should you wanted to claim for TPD. but the common protocol from the insurance company is your policy would be terminated due to non disclosure. You may appeal your case after that.
Given your scenario, you suffered from the same illness that you (or you agent) omitted to disclose in your proposal 8 years back, in my professional opinion, it is a little hard to fight with the insurance company. But as pointed out by
GunMetalX, there is no harm in trying to appeal on the case on the grounds that your agent failed to disclose such material fact. Please get your evidence ready such as your conversations with your agent, communication emails etc. When you receive your policy, it is your duty to check the contents in the policy to make sure it is the same as per what you have declared and take necessary actions such as freelook or amendments should the disclosure is not align with what you declared to your agent.
Good Luck
Thank you so much for the kind information. I am partly responsible and not going to play the blame game. Keeping my finger crossed even though it looks bad at the moment. Thank you for sending me a PM too! Very kind of you.