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Pre-existing nightmare

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  • dianasnan
    dianasnan Posts: 584 Forumite
    Part of the Furniture 500 Posts
    I was just looking at the terms and conditions of the lloyds tsb freebie insurance and these are the conditions that you no longer have to declare. So in the past they would have wanted to know if you had any of these complaints, how many of these would you even have considered telling them about. No wonder people get caught out.

    "If you have any medical conditions and they all appear in the list below then these will all now be covered under the policy without the need to contact AXA. If however you have any other medical conditions not in this list then they will only be covered if you declare them to AXA:"
    Achilles tendon injury
    Acid excess
    Acid Reflux
    Acne
    ADHD (Attention Deficit Hyperactivity Disorder)
    Allergy (requiring no prescriptive treatment only)
    Allergy (with Epipen if prescribed)
    Anal fissure/fistula
    Arthritis
    Asthma
    Benign Prostatic Enlargement
    Blindness
    Broken bone (not head or spine)
    Carpal tunnel syndrome
    Cataracts
    Chicken pox
    Colitis (no hospital admissions in the last 12 months)
    Common cold/influenza
    Corneal graft
    Cosmetic surgery
    Crohn’s Disease
    Cuts and abrasions (non self-inflicted)
    Cyst – breast
    Cyst – testicular
    Cystitis
    Deafness
    Diabetes
    Diarrhoea and/or vomiting
    Dislocated hip (not replacement hip)
    Diverticulitis
    Dyspepsia
    Eczema
    Epididymitis
    Epilepsy
    Essential tremor
    Fungal nail infection
    Gastric reflux
    Glandular fever (not within 3 months of the planned trip)
    Glaucoma
    Gout
    Haemorrhoids
    Hayfever
    Hernia
    High blood pressure
    High Cholesterol
    Hip replacement
    Hyperthyroidism (overactive thyroid)
    Hypothyroidism (underactive thyroid)
    Hysterectomy (provided carried out more than 6 months ago)
    IBS (Irritable Bowel Syndrome)
    Impetigo
    Macular degeneration
    ME (Myalgic Encephalomyelitis, if only symptom is fatigue)
    Meniere’s disease
    Menopause/HRT
    Menorrhagia
    Migraine (confirmed diagnosis, no ongoing investigations)
    Nasal polyps
    Neuralgia, Neuritis
    Nut allergy
    Osteochondritis
    Osteoporosis
    Parkinson’s disease
    Pelvic inflammatory disease
    PMT (Pre-menstrual tension)
    Pregnancy (no complications)
    Psoriasis
    Reflux oesophagitis
    Retinal detachment
    Rheumatism
    Rhinitis
    RSI (Repetitive strain injury/Tendinitis)
    Shingles
    Shoulder injury
    Sinusitis
    Sleep Apnoea
    Tendon injury
    Tendonitis
    Tinnitus
    Tonsillitis
    Uticaria
    Varicose veins – legs only (if GP has confirmed fitness to travel)
    Vertigo
  • jem16
    jem16 Posts: 19,609 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I'm about to go down the same route on behalf of my 80yr old mother in law who has fallen foul of First Assist's pre-existing condition rule.

    My mil took out her policy in February at the same time as she booked a cruise holiday with Ocean Village. Two weeks before travel she fell at home and cut and bruised her shin. She attended her gp and two days before she was due to leave for her holiday she asked the doctor whether she was able to go or not. The doctor told her that her leg was healing fine and to go and enjoy her holiday.

    As she arrived in crete she bumped her leg again on a luggage trolley. When she got on board the ship she noticed it was bleeding again and went to the ship's doctor. They gave her antibiotics but after a few more visits they arrnaged to transfer her to a private hospital in Cyprus (even though she had an E111 card which would have entitled her to free medical care) and charged her £600 for their services.

    She had the wound looked after and was given various antibiotics and a glucose drip. The hospital and the cruise line helped organise letting the insurers know. After around 10 days she was ready to come home but apparently the insurance compnay were dragging their heels making arrangements. Last Thursday night i got a phone call from my mil to say that the insurers ahd turned down her claim and she was being asked to arrange payment to the hospital of £12,000 before they would let her out!

    Over the next 24 hours I contacted First Assist, the cruise line, the British Consul trying to get her home as by this time she was almost suicidal. The cruise line eventually paid the hospital but intend to pursue my mil for the money. First Assist have steadfastly refused to pay but are now reviewing the case after I involved my MSP and the newspapers.

    If necessary we will complain and then go to the FOS. She too has never received a policy from them (the insurance was taken out through Co-op travel). However she did disclose everything relevant at the time. The injury happened weeks after the policy was taken out and she was given the all clear by a doctor.

    I have looked up the FOS and found this helpful page about travel insurance firms varying the terms of the policy after it was taken out. They don't see it as fair and reasonable especially if it was not pointed out - as no policy T&C seems to have been issued how can it be pointed out.

    http://www.financial-ombudsman.org.uk/publications/ombudsman-news/36/terms-of-policy.htm

    You can use the site's search facility to see if you can find anything helpful.

    http://www.financial-ombudsman.org.uk/

    It appears that the insurance firms want to have their cake and eat it!
  • nco41
    nco41 Posts: 82 Forumite
    Hi

    Thanks for your comment, my Dad recovered quite well but has since suffered from a heart attack, luckily he is making good progress.
    I won't go into to much detail but his insurance company treated him terribly, fair enough he made a simple mistake, I should never of let him fill the application form in online as he was new to the whole web thing, but he did travel with this company previously and he had declared the condition that he missed off many times before, so it wasn't as if the insurance company didn't know about the condition.
    Anyway some people will say it was his own fault and it's a lesson learnt, but the fact of the matter is the way in which the insurance company dealt with the whole matter, for example my dad had just recovered form a haemmorage and they called him in hospital on the phone next to his bed to say that the claim was denied, even though they had been told to contact a member of the family as Dad still really wasn't with it.
    You can only imagine what the shock of the call could of done to him and I seen it with my own eyes.
    They have admitted to errors on their side of things and offered us compensation, we replied to say that we were willing to consider it and how much would they be offering, we where then told we can't tell you until you have accepted it as a full and final offer, now come on who in their right mind would accept an offer like that.
    It's no longer about the cost involved, we have taken out a loan and we are slowly paying everything back, the hospital bill was over 10k and that is without all of the costs involved, ie flights, accomadation etc, it's now about not letting them think they can treat elderly people like scum, even if we get nothing at least we put up a fight.


    My heart really does go out to you and your family.
    I hope that your father regains full health soon.
    Fingers crossed things go your way with the ombudsman.
    This is a situation that you never should of found yourself in.Why bother with insurance.
    As for offering you compensation without telling you the amount first is laughable.Its like you taking out insurance and not giving them any details!! They would not do it so why would they expect you too.
    Keep your chin up. Dont let the insurance companies win without a good old fight.
    Natalie :j
  • nco41
    nco41 Posts: 82 Forumite
    edited 25 May 2009 at 6:25PM
    jem16 wrote: »
    I'm about to go down the same route on behalf of my 80yr old mother in law who has fallen foul of First Assist's pre-existing condition rule.

    My mil took out her policy in February at the same time as she booked a cruise holiday with Ocean Village. Two weeks before travel she fell at home and cut and bruised her shin. She attended her gp and two days before she was due to leave for her holiday she asked the doctor whether she was able to go or not. The doctor told her that her leg was healing fine and to go and enjoy her holiday.

    As she arrived in crete she bumped her leg again on a luggage trolley. When she got on board the ship she noticed it was bleeding again and went to the ship's doctor. They gave her antibiotics but after a few more visits they arrnaged to transfer her to a private hospital in Cyprus (even though she had an E111 card which would have entitled her to free medical care) and charged her £600 for their services.

    She had the wound looked after and was given various antibiotics and a glucose drip. The hospital and the cruise line helped organise letting the insurers know. After around 10 days she was ready to come home but apparently the insurance compnay were dragging their heels making arrangements. Last Thursday night i got a phone call from my mil to say that the insurers ahd turned down her claim and she was being asked to arrange payment to the hospital of £12,000 before they would let her out!

    Over the next 24 hours I contacted First Assist, the cruise line, the British Consul trying to get her home as by this time she was almost suicidal. The cruise line eventually paid the hospital but intend to pursue my mil for the money. First Assist have steadfastly refused to pay but are now reviewing the case after I involved my MSP and the newspapers.

    If necessary we will complain and then go to the FOS. She too has never received a policy from them (the insurance was taken out through Co-op travel). However she did disclose everything relevant at the time. The injury happened weeks after the policy was taken out and she was given the all clear by a doctor.

    I have looked up the FOS and found this helpful page about travel insurance firms varying the terms of the policy after it was taken out. They don't see it as fair and reasonable especially if it was not pointed out - as no policy T&C seems to have been issued how can it be pointed out.

    http://www.financial-ombudsman.org.uk/publications/ombudsman-news/36/terms-of-policy.htm

    You can use the site's search facility to see if you can find anything helpful.

    http://www.financial-ombudsman.org.uk/

    It appears that the insurance firms want to have their cake and eat it!

    Gem ,
    Good luck to you with your fight with your IC.
    Their number one priorty should of been to get your MIl home and then start splitting hairs.
    All this company can think of is £ signs .Customers are treated worse can cattle. You would think any company with any morals could consider the implications of their actions on a 80year old a woman.
    I hope things go your way.I will keep you posted of my situation.Please do the same.
    Once again good luck.
    NCO:confused:
  • scouselad1974
    scouselad1974 Posts: 655 Forumite
    jem16 wrote: »
    I'm about to go down the same route on behalf of my 80yr old mother in law who has fallen foul of First Assist's pre-existing condition rule.

    My mil took out her policy in February at the same time as she booked a cruise holiday with Ocean Village. Two weeks before travel she fell at home and cut and bruised her shin. She attended her gp and two days before she was due to leave for her holiday she asked the doctor whether she was able to go or not. The doctor told her that her leg was healing fine and to go and enjoy her holiday.

    As she arrived in crete she bumped her leg again on a luggage trolley. When she got on board the ship she noticed it was bleeding again and went to the ship's doctor. They gave her antibiotics but after a few more visits they arrnaged to transfer her to a private hospital in Cyprus (even though she had an E111 card which would have entitled her to free medical care) and charged her £600 for their services.

    She had the wound looked after and was given various antibiotics and a glucose drip. The hospital and the cruise line helped organise letting the insurers know. After around 10 days she was ready to come home but apparently the insurance compnay were dragging their heels making arrangements. Last Thursday night i got a phone call from my mil to say that the insurers ahd turned down her claim and she was being asked to arrange payment to the hospital of £12,000 before they would let her out!

    Over the next 24 hours I contacted First Assist, the cruise line, the British Consul trying to get her home as by this time she was almost suicidal. The cruise line eventually paid the hospital but intend to pursue my mil for the money. First Assist have steadfastly refused to pay but are now reviewing the case after I involved my MSP and the newspapers.

    If necessary we will complain and then go to the FOS. She too has never received a policy from them (the insurance was taken out through Co-op travel). However she did disclose everything relevant at the time. The injury happened weeks after the policy was taken out and she was given the all clear by a doctor.

    I have looked up the FOS and found this helpful page about travel insurance firms varying the terms of the policy after it was taken out. They don't see it as fair and reasonable especially if it was not pointed out - as no policy T&C seems to have been issued how can it be pointed out.

    http://www.financial-ombudsman.org.uk/publications/ombudsman-news/36/terms-of-policy.htm

    You can use the site's search facility to see if you can find anything helpful.

    http://www.financial-ombudsman.org.uk/

    It appears that the insurance firms want to have their cake and eat it!

    Hi

    I know exactley what you are going through, it's been a very traumatic time for your mother in law and your family, I hope that you eventually have some success, It's absolutley disgusting the way our older generation are treated as criminals, after paying their taxes etc, I hope it works out well in the end, don't give up without a fight.
    DMP mutual support thread member:327
  • scouselad1974
    scouselad1974 Posts: 655 Forumite
    nco41 wrote: »
    My heart really does go out to you and your family.
    I hope that your father regains full health soon.
    Fingers crossed things go your way with the ombudsman.
    This is a situation that you never should of found yourself in.Why bother with insurance.
    As for offering you compensation without telling you the amount first is laughable.Its like you taking out insurance and not giving them any details!! They would not do it so why would they expect you too.
    Keep your chin up. Dont let the insurance companies win without a good old fight.
    Natalie :j
    Thanks for your kind words of support, I will see this through until the end no matter what the result is.
    DMP mutual support thread member:327
  • jem16
    jem16 Posts: 19,609 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 11 May 2009 at 10:03PM
    nco41 wrote: »
    Gem ,
    Good luck to you with your fight with First Assistance.
    Their number one priorty should of been to get your MIl home and then start splitting hairs.

    I agree. I asked them to do this and everybody I spoke to at their emergency number agreed that the deision was harsh. I spoke to a manager there and she tried going back to the underwriters but got no-where. She said that the underwriters believed they were right. She agreed that it was not morally right to leave an elderly lady on her own in a foreign hopsital with no access to her funds.

    After the newspaper got involved we have been told that they are reviewing the case. I'm not holding my breath and fully expect it to be rejected.

    Meanwhile I am asking my mil to look out for the official letter of rejection so that we can get the complaint in. I have been told it was sent but no letter yet. My difficulty is that my mil and I are around 350 miles apart so I am relying on a now very confused elderly lady to get me what I need. Hopefully with the help of very good neighbours and friends we'll get there. I plan to get her to write authorising me to deal with this.

    I hope things go your way.I will keep you posted of my situation.Please do the same.
    Once again good luck.
    NCO:confused:

    Thanks. I will do.
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Jem the Ombudsman has rulings which touch your mothers case, you may find them helpful.

    http://www.financial-ombudsman.org.uk/publications/ombudsman-news/7/july-travel.htm

    http://www.financial-ombudsman.org.uk/publications/ombudsman-news/76/76-travel-insurance.html

    You can use the search facility to find other rulings they have made (They publish them as guidance to Insurers and Policy Holders). You will also find they publish their general viiews and guidance which you may find helpful.

    NCO41 If I were you I would ring First Assist again quickly (Before management make sure everyone reads the medical warnings out on every call). Record the telephone conversation, this will be incredicbly useful to the ombudsman as it will help prove on balance you may not have been warned and therefore had no chance to declare it.

    The ombudsman often rules in the customers favour if the Insurers has ommited information like this, his view is the consumer is often uneducated about Insurance so they have to point out unusual terms such as exclusions for existing medical conditions and also to be fair to the consumer (As pedro likes)
  • jem16
    jem16 Posts: 19,609 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    dacouch wrote: »
    Jem the Ombudsman has rulings which touch your mothers case, you may find them helpful.

    http://www.financial-ombudsman.org.uk/publications/ombudsman-news/7/july-travel.htm

    http://www.financial-ombudsman.org.uk/publications/ombudsman-news/76/76-travel-insurance.html

    You can use the search facility to find other rulings they have made (They publish them as guidance to Insurers and Policy Holders). You will also find they publish their general viiews and guidance which you may find helpful.

    Thanks for the links. I had already searched there and found at least one interesting link.

    http://www.financial-ombudsman.org.uk/publications/ombudsman-news/36/terms-of-policy.htm
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Well done, the Ombudsmans is a wealth of information so is well worth checking.

    Before you go down the Ombudsman route check with the newspaper as they will often not deal with cases that the Ombudsman is dealing with. The newspaper columns can be very good at getting claims sorted out as the Insurers do not like the bad publicity. They often get claims resolved that are not even covered and should not be paid out but the Insurers pay them to get good press. I would have thought the paper will try their best to get your claim sorted out as because of your mothers age it will make a good story for them if they get it sorted out.

    The ombudsman can take upwards of two months to give a decision.

    Its worth you quoting the passages you have found to the Insurers or send them to the newspaper as they take notice of the Ombudsmans previous case histories
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