Legal expert about for advice ref travel insurance company?

[sheel]

Hi
Don't know if anyone is about who can offer any advice ref a travel insurance company refusing cover, Briefly the story:
Annual cover with an insurance company, had a cancer scare which was changed to all clear and on the back of this booked 2 holidays Lanzarote next week and Oz at Christmas booked around June

Unfortunately due to a missed diagnosis and purely by fluke it has now been confirmed that I have terminal cancer,I rang the insurance company and gave them full details of my situation, the operator discussed this with the underwritters and came back to say provided my doctors were happy for me to travel then the policy would remain as is, this whole conversation is recorded and the insurance company admit my version and their response is entirely accurate

The insurance company sent a flyer out by post last week to remind any changes of health situations to which we responded to confirm that my condition was no different, at this point they say they wont insure me, many calls back and forward last week (all recorded) resulted in them offering insurance but not covering my existing condition, the latest is that they are now not going to offer any form of insurance !!!!

How on earth can these companies move the goal posts to suit themselves if they agreed to the situation on the 16th JULY surely this is a verball agreement and should be upheld

Does anyone have any thoughts as to how to deal with them

Thanks
Richard

[sheel]

Thanks for your reply, I did contact the insurance and financial ombudsmen last week they said they would look into the matter but it could take a few months, helpful when I am going away next week !!!


However time line
Annual policy renewed 4/3/14 for 12 month duration
Holiday to Lanzarotte 14/3/14 21/3/14
Holiday booked to Australia for 14/12/14 following health all clear from Birmingham Orthopedic booked 1/7/14
11/7 discharged from University Hospital Coventry 12/7 confirmed by GP as terminal illness
16/7 Contacted insurers ref travel plans, recorded conversation confirms they are happy to retain policy with no caveats
1/9 standard letter from insurers requesting to be informed of any health changes
3/9 contacted insurers by phone to confirm conversation of 16/7
4/9 various calls from insurers asking various questions and offering possible solutions
8/9 call from insurers asking if they can communicate via email
8/9 emails from insurers saying they will not offer any form of cover!!
All calls have been recorded by insurers who require £10 for copy of transcript's and signing of data release form

Regards
Richard

[sheel]

sticks090460 said:

Which company?

Are we allowed to name??

Richard

[sheel]

Vaud said:

No insurance advice. LoonR1 is a resident motor insurance expert and good egg - seem to know wider insurance as well.

Sorry to hear it is terminal. I hope you can enjoy every day and be as pain free as possible.

Thanks for your concerns, to look at me im fighting fit even my doctors say "you don't look like you should be here
although its a very short prognosis, stuff the experts I will keep fighting smiling and enjoying myself !!

[sheel]

Thanks for your reply and the web site link, however when this arose last week and I did consider trying to change insurers all the companies I spoke with would not cover terminal illness with less than 6 months to go
Ok I appreciate the conceived risks but in my case I am that well that the doctors have delayed chemo until after my break next week and I only have minimal medication for a leg problem

I will see what their reply is tomorrow as it looks as if my emails have exhausted any pre considered answers

My biggest annoyance is I gave them open and true full answers which they accepted and then moved the goal posts, perhaps I should just go without and take the chance, I certainly would not risk it if I felt at all unwell

Richard

[sheel]

dacouch said:

I assume you were suffering the cancer when you renewed the cover with the Insurer and if so was it fully declared and accepted by them?

I was not suffering any known cancer or under any investigations so there was nothing to declare

[sheel]

Breadvan72 said:

Your starting point must be to determine what the contract provides for. If the contract as originally made did not cover you, the later conversation won't assist, as a matter of law, because you did not provide consideration for a variation to the contract. You might have what's called an estoppel argument, but probably not as there is no element of reliance on what was said, and anyway it is hard to use such an argument pro actively rather than defensively. As others suggest, this matter is best resolved by applying some publicity pressure and/or via the Ombudsman.

I am sorry to hear of your diagnosis and admire your courage.

Edited by Breadvan72 on Tuesday 9th September 08:32

Firstly thanks to all for the supportive messages

With regards to the contract, when it was renewed there were no changes to medical conditions nor were any pending investigations, the policy was paid in full.
In the interim period of Jan to March I had had a continuing aching leg which became the subject of investigation and the initial thoughts were it was bone cancer, no holidays were arranged in this period due to the illness.
The results of the tests came back clear so we felt it was safe to continue life and booked our future trips, as there was no changes to my health condition we did not inform the insurance company

My current illness came out of the blue and due to the fact holidays were booked we immediately contacted the insurers and gave them full and honest information, this was accepted over the phone with the only stipulation being that my doctors would need to confirm I was safe to travel

All of the conversation is recorded and the insurers accept that it is a true and accurate account

I have ready the policy wording and we have complied with its requirements

Richard

[sheel]

That would be fantastic, it is a fairly large document but hopefully I can get you the info over
Whilst you can get some negative info thro the Pistonheads forum, I hail from the TVR groups and as this post they have always been very helpful

Thanks Richard ,

[sheel]

Amateurish said:

Richard, I admire your bravery.

In terms of risk, your EHIC will allow you full access to medical treatment in Spain, even for your pre-existing conditions. The only substantial thing you will not have cover for is repatriation. Given the prognosis, and short time scales, might it be worth travelling anyway?

My thought entirely, I am very well and would not consider travelling if there were a risk to me or my companions.
Considering my illness my doctors are amazed at my condition and are happy for me to travel, they have even delayed my forthcoming chemo to allow this trip.

Thanks for your comments, I am just so incensed at the insurers actions that I will pursue this to their embarrassment and make others aware of their short comings

[sheel]

Breadvan72 said:

If you scan and email me the policy wording including all the get outs I will have a shuftie.

http://www.staysure.co.uk/travelinsurance-portlet/doclib/STS11/erv/policywording.pdf
Hi I have tried to scan the policy but its much too large,I have attached the pdf link above, hopefully it will lead to the correct PDF

Thanks Richard

[sheel]

Amateurish said:

Playing devil's advocate, what about page 13 where the policy states that "5. The insurance will NOT cover you when you are
traveling with a Terminal Prognosis."

Fair comment but when the trips were booked there was no terminal prognosis, they were then advised as per the terms and condition's of my illness when it became apparent, there is a mistake within their procedures but they accepted and agreed with my condition all of which is thankfully recorded, I would assume that the problem they have now is the underwriters wont honour what their operator agreed to

[sheel]

All information provided by others rightly or wrongly is at their own free time and is most gratefully received.

I will travel next week without insurance if needs be and as I said I will do so using my own discretion
The trip to Oz is a different matter and I probably would be foolish to travel this distance without cover,it was booked via credit card so if worse comes to worse I can look to them for costs if the insurance wont play ball

I will continue to pursue the current insurers and will use the publicity field, its their mistake and others need to be aware of the stigma attached to being ill

On a brighter note, being self employed I covered myself with varying amounts of critical/terminal policies attached to life policies, I am happy to report that they have all been paid with no question. this dose help to restore fair in some companies

[sheel]

Breadvan72 said:

In your situation I would spend it all on Ferraris, sky diving, coke and hookers etc. I hope you have a good trip.

An attitude like mine!!!! I seriously bent my Tiv a few weeks back just to add to all the ste that's arrived in life recently, due to the illness I can no longer drive but for a project to keep me motivated I am rebuilding it and guess what, its going to look to dogs doda when its finished gota have something to keep you going!! thanks for your help

Richard

[sheel]

Im a happy bunny in my 54 years ive done loads met great people had a ball worked hard and made a good life docs I weeks ago told me the average time for my illness is 12 weeks my response was bks ive never done convention a d wont start now !!

[sheel]

I have emailed the person concerned today as she did not reply to my email last night asking for an update on their situation, apparently she is out of the office today but will be in contact with her manager tomorrow

They have certainly got themselves in a bit of a pickle as last week they were offering to cover me but not any previous conditions relating to my cancer ie if I broke my leg I would be covered but if I broke the leg that has just had the titanium rod fitted to strengthen it due to bone erosion then this would not be covered

They have change position again saying they will not cover at all, I have asked for confirmation ref this matter as they surely must have some form of standards (baring in mind this is all recorded)

I await the reply tomorrow with interest although I feel I will probably have to curtail my OZ trip in Dec

I am still as mad as a bag of frogs over the whole situation I feel a letter to MOS and Watchdog coming on and an official complaint to the Ombudsman

[sheel]

Justin, the fk it option is the one I will probably take, the problems I have are lung cancer bone cancer and multiple brain tumours, of the 3 the most unknown will be the brain and none of these are likely to strike me down big time, the only possible problem could be the head and this could be easily treated with steroids at a local hospital.
As I said in previous posts, I am very very well
I don't want to have a major spat with the insurers until they settle Australia or relent and cover me as agreed !!

[sheel]

TVR1 said:

Not wanting to put you on the spot OP but have you been diagnosed with metastasised liver cancer?

Hi TVR1 no liver is fine although thanks to this I have given it a pretty good hammering lately!!! they have not found it anywhere else
For anyone else who reads this it all started as an aching leg 12 months ago which I though was my hip, this was checked and nothing found, after chasing my GP I was eventually seen by a specialist who found part of my femur missing in March, I was then referred to a Birmingham specialist hospital who bluntly completely fked things up and told me to go home and rest it despite being given clear evidence, bone scans MRI and Xray from the specialist in Coventry
Although I pressed my GP he was unable to do very much in the following weeks as I was still technically under Birmingham
10 weeks ago I was working on my Tiv and banged my head slightly on the tyre, I lost my ability for normal conversation and also lost my word finding skills (could see letters but not compute them to words) my wife made me go to A+E who kept me in thinking I had had a mini stroke, Ct scans showed anomaly's to my brain and further MRI showed multiple tumours subsequent CT showed tumours to one lung. The word and language skills returned within a few hours

Once in the NHS they have been brill, when going down the treatment paths my Oncologist wanted an update of my femur, within 72 hours he had me in and I have had a 600mm long rod fitted into the bone bolted to my hip and screwed to the bottom of the femur, the tumour that Birmingham had said was not there 3 months before had eroded that much of the femur it was in danger of breaking

The next fight will be with Birmingham, every specialist who has treated me in Coventry has been fantastic and although they don't discuss my treatment at Brum, the body language and looks say it all.

I have received a full report on my entire history with no name written on the report and this details all the info sent to Brum prior to my attendance, it makes damming reading aimed at the specialists who fked up

I will consider my reactions towards them shortly.

Brums actions put diagnosis and treatment back by 10 weeks, negligent comes to mindw

[sheel]

Ok guys bit of an update on this one,
My charming insurance company replied at 4.45 tonight, they have cancelled my annual policy and will cover me for a single trip only ie next week with the provision that they will not cover any pre existing condition
So I cant really travel to Oz at Xmas with no insurance and having an unknown health situation, I really need to cancel the flights, with the insurance company cancelling my policy does this mean they have got out of that one as well??
I have emailed them at 5pm informing them of my intentions to cancel but no reply

thanks
Richard

[sheel]

Please to say, the underwriter's call direct today after my email to the insurers last night mentioned Barristers !!

An intermediate agreement has been put in place which covers me for my forth coming break excluding pre existing conditions, however they have also written an amount in to cover a large chunk of repatriation if needed (hopefully not)so not perfect but good enough

They have also agreed that the cancelation costs for OZ will be covered and will be advising that I will be looking for compensation for distress and inconvenience from the supplying company

I did mention that I was quite prepared to escalate this to the relevant authorities and they were keen to avoid, hopefully the distress element will provide a sensible figure for the agro they have caused

[sheel]

According to the terms of their crap policy, and this is where reading the small print comes in, declaration of a change in health conditions is required, at my point in declaration I had a terminal illness and they will not insure from thereafter, they then cancelled the policy
Both holidays were booked prior to the illness
In view of the situation and time factor I feel it is the best I can hope for, I get cover for next week albeit not everything but a good part and my Oz trip is refunded, I will also be looking for a distress and inconvenience payment