I'm just about to renew ours. Hubby had a PE 3 years ago, but I always have to re declare it. Up to now they have covered it for £10, even within the first year of having it. This year it has gone up to £36!!

again, I agree with sunaddict. The insurer should have been notified of the tests between being sent and the 26th - it gives them valid grounds to decline cover and therefore refuse any claim on the new policy.

I don't agree with jimd-f. The event that triggered the cancellation - the actual diagnosis of the test - occured during the old policy - she just wasn't aware until the 28th. Had she been told straight away the cancellation would have been done straight away. The insurer is penalising her for the delay in the hospital communications.

And I definately agre with fwh - "Perhaps it is time to ask what insurance is really about". I'd say it's time the OfT did an investigation into the market.

Yeah I guess on that basis then we don't really have much hope of a result.

So, had we have told them in between 14th April (1st consultation) and 26th April (new policy starting) what would've happened,
would she have got her holiday money back?

Or would it have been more likely they would have declined/refunded the policy or upped the cost of it? If so, then she loses her money either way.

Here's the letter..... Minus company heading, signatures and personal details.

http://imageshack.us/photo/my-images/838/letterx.jpg/

Insurance is a bit of a minefield. What about the policies that come with your bank account. We have that type of policy and declared various conditions when we took it out. However it doesn't actually have a renewal date as it just carries on from year to year unless we change the type of account. Presumably any conditions just continue to be covered. I did have to claim last year for a cancelled holiday due to my health and they paid up with no questions (suprisingly!!)

Pippa

airbag
They might have declined the policy or they might have put the price up. That depends on the individual company.

With all insurance policies the usually tell you to inform them of any changes in your medical history, whether it's single trip, annual or one that just rolls from year to year. Any condition that isn't declared gives them an opt out. Some insurance companies are better than others.
I have stuck with mine for a number of years because I have never had any problem with claims (they even paid out for a cancellation due to father in law cancer spreading and his death being imminent, although he wasn't travelling and I hadn't declared it).

With all due respect, I don't think airbag is interested in hearing about how good your insurance company is.
I have posted the letter for their reason for refusal.
We are all told to read the small print and the T&C's of any policy.

Hands up those of you if you were 70 years old and you'd just been told that you have cancer, would think " I must go home and phone the Insurance Company"?

Having had a cancer scare a few years ago, during the time between the tests and the getting the results, I can honestly say that thinking about a bloody insurance policy was the last thing on my mind.

There by the grace of God and all that jazz.

Sanji

I still say she was covered by the old policy as the cause of the cancellation occured during that cover.

Look at it in these terms;

You're a lone traveller. You are on holiday and your annual policy changes over whilst you are away.

Two days before the change over you have an accident and spend 6 days in intensive care, mostly unconcious. No-one in the foreign hospital knows anything about your insurer or any other contact who might.

When you come round you need to make a claim. Which year do you claim on?

They may say that your new policy isn't valid as you didn't inform them of the accident and the fact you were receiving treatment before the policy came into force. Fair enough, the cause of the claim occured during the old policy and as long as you inform them as soon as reasonably practical they would have a hard time denying it.

But the main business plan of travel insurance companies is to fight every payout so never expect them to simply roll over and pay out - you have to fight back.

sanji wrote:

With all due respect, I don't think airbag is interested in hearing about how good your insurance company is.
I have posted the letter for their reason for refusal.
We are all told to read the small print and the T&C's of any policy.

Hands up those of you if you were 70 years old and you'd just been told that you have cancer, would think " I must go home and phone the Insurance Company"?

Having had a cancer scare a few years ago, during the time between the tests and the getting the results, I can honestly say that thinking about a bloody insurance policy was the last thing on my mind.

There by the grace of God and all that jazz.

Sanji

It's a good job we all think differently then, or else I would have found myself without insurance cover when I was in the position you were in.

An interesting concept from Steve. It also raises another question. How far/long does the insurance cover extend. Does it cover an individual claim from start to finish? In the example quoted by Steve does the cover cease with expiry of the policy or until you are given a clean bill of health?
Might at first seem as though I am going off topic but I believe it could be relevant in the current question. It is obvious that the condition actually materialized during the life of the original policy. There was a problem in that the information was not communicated until after it ceased. In the example stated by Steve the patient was unable to inform the insurers due to the severity of the illness. Under the Data Protection Act that is so often quoted, the insurers would have refused to discuss thing with anyone other than the policyholder, so even if someone contacted them they might not have accepted their word. The system itself creates the problem. Doctors do not write and tell you bad (or good) news they make an appointment. That could prevent you from informing the insurers. Duty of care by your doctor does not extend to telling your travel insurers before you.

fwh

having now had a chance to read the insurers letter, i think that it is time for you to contact the experts. i would call simpson millar and get their advice.
i still think you have a claim under the new policy, but without speculation from us you cannot take this forward without expert advice.

I can part answer fwh's main question. If you are taken ill on holiday, or suffer delayed departure, most single trip insurance policies will automatically extend until the problem is dealt with. So if you are ill in hospital they will cover bills until you are released (or your limit is used up, seperate problem) even if you have over run the policy - and they will get you home. If you are stuck in an airport with no plane they will also extend until you get home, so if you are taken ill whilst waiting you should be covered (although it might be an idea to let them know you're stuck before anything else goes wrong). Not sure whether Annual policies would extend cover for extra things going wrong during a delay but would cover sorting out the problem that occured before the policy expired. Obviously they will look in their book of standard excuses for not paying but that will happen at any time. The big catch is the notification, the sooner the better, if you don't notify them until after the policy expires you leave yourself open to argument about when the problem actually occured.

I still don't agree with jim-d about which policy the claim falls under but I do agree that it's time to get professional advice. The clock is ticking and no actual progress is being made with the case against the insurers.

I really appreciate all the feedback, it's good food for thought.

Yes, need to get on with the next step. I was thinking drafting a letter back (anyone good at writing letters?) but the idea of passing it onto experts on a no win no fee deal seems quite appealing if their fees are reasonable. Might be worth a go.

Have a look at THESE FINDINGS from the Ombudsman on annual policies and a change of health to see if there is anything relevant there.

And another one HERE

luci

Some very interesting reading there.

fwh

Well I do need to make a decision on what to do this week.

I'm thinking of enquiring with Simpson Millar as suggested by jimd-f, as seems a lot less hassle than attempting to fight it myself.

Has anyone else had any dealings with this company? Are they reputable?

Thanks in advance.

Ok, I've now spoken with Simpson Millar solicitors who advised I do a complaint letter first, give them the 8 weeks and then go on to the Ombudsman.
So I need to get this sorted asap.

I'm not that great at letter writing, so this is what I've got so far (just off the top of my head). Can anyone help me construct a good complaint letter?

-------------------------------------------------------------

Dear Sirs,
Please treat this letter as a formal complaint against your department, for not settling my mother's (Mrs xxxxxx) travel insurance claim, bearing reference number xxxxxx.

Her policy was renewed and paid in full on 4th April 2011 (insurance renewal date 26th April), at which time she was in good health with no pre-existing medical conditions. Her initial consultation on 14th April 2011 where she was subsequently referred for further tests.

Shortly after the cancer diagnosis and surgery date was given on 28th April, we informed the agent/broker (Leisure & Lifestyle Insurance) about it and enquired about the procedure, to which they simply instructed us to download and submit the correct claim form. We were never instructed that we had also to contact the Tokio Marine Medical Referral Helpline.

Having renewed her policy in good time, we believe she therefore had continuous cover and feel that your decision to decline her claim is extremely harsh and unfair considering all the circumstances.

We have acted at all times in good faith and with the best intentions to the best of our knowledge.

If the issue has not been resolved to my satisfaction after 8 weeks have elapsed, I will be referring the matter to the Financial Ombudsman Service.

Sincerely,

xxxxx (on behalf of Mrs.xxxx)

----------------------------------------------------

Any problems with doing letters on behalf of, or do I have to write it as I'm my mum?

Also I thought about also mentioning not being able to get refund of the renewed insurance which they are now saying they cant provide cover for? They are having it all ways. Keep our money, but no claim allowed, no cover, no refund. The swines!

I would write it as if it came from your mother. Otherwise they may drag their heels by replying that they can't discuss with you due to the Data Protection Act.

Not sure you need to mention to the insurance company that they refused a refund, but I would certainly include it in your letter to the Ombudsman.

luci

Nothing wrong with you writing the letter providing she signs it. I may also be worthwhile (others may agree) for your mother to advise them that in view of her condition/treatment that she authorisies yourself to act on her behalf - that gets past the Data Protection argument.

fwh