Holiday Insurance Claim

kevinwebster83

Hi

Towards the end of May, my wife and i were preparing to go away on our honeymoon to Mexico. Unfortunately, around about this time the government increase the swine flu alert level, advising only essential travel to Mexico. This happened a week or so before we were due to fly to the New York leg of the honeymoon - to get married - so we called our travel insurance to check if we'd still be covered.

My wife called and was told that if we decided to go to Mexico, our cover would be void if we made a claim and that also if we cancelled the honeymoon then we wouldn't be able to claim do to the government's increased alert level - as they only advised people not to go, there was no prevention of travellers going to Mexico.

The day before flying to New York, both the mother-in-law and the wife called the insurance company in 2 separate phone calls and were told that the underwriters would pay out for whatever cancellation costs we would incur. This was good news as we could then book another destination based on this information and could afford to due to the money we would get back upon our return.

While we were away, we received a claims form from the insurance. Upon arriving back, we sent the form away with all details of the losses incurred - mainly flights from Mexico to JFK but also 2 nights charge from the hotel due to the shortness of notice on the cancellation.

A week or so later, we received a letter from the insurance company saying that based on the insurance policy we had no grounds for a claim. Having explained that on 2 separate occasions we phoned and were told that we could make a claim, another letter came saying again that unfortunately, due to the terms of the policy we couldn't claim.

When speaking to one of the insurance advisors on the phone, we were told that a claim form is only ever sent out to people who are able to make a claim - we had one, but can't claim. Odd. Today, we've received a letter saying that they've tried to trace the calls but can't locate them and that there is nothing else they can do to resolve this.

Obviously, we are going to go through the usual complaints procedures but does this just sound like we are being fobbed off? Or am i being unfair and do we really not have a claim?

Kevin

Quentin

It is no good relying on the argument that as they sent you a claim form, therefore they were bound to pay any claim made on the form.

Your problem was relying on the spoken word! Your policy clearly didn't cover the issue, so any variation to that should have been got in writing.

FH_Brit

Kevin - Quentin is right - the written T&C's of the policy are the legalities of the policy - however this may not mean all is over. See if your IC is approved/registered with the FSA (http://www.fsa.gov.uk/register/home.do) and it should be near the bottom of your policy or in "the complaints prcedure" section of your policy documents.

Here's some points to bear in mind;
A telephone conversation is a legal contract (difficulty is proving it!)
The IC conveniently "lost or erased" your call (faied to trace you put it)
The FSA Ombudsman (Tel 0845 080 1800) is on your side and it's free! They can only say no.

Call the insurers - tell them that you are filling in the claim form and sending it back (if you have not done so) and you will allow 30/60 days (you have to give them a chance) before you make a complaint to the FSA.

kevinwebster83

Hi

Thank you both for your replies.

We fully understood that the policy did not cover us under the circumstances - hence the calls made to the insurance company to gain further advice on the situation. We were in the position where we had paid for the insurance but could not make a claim if we travelled to Mexico and got sick and could not make a claim if we cancelled the honeymoon - damned if we did, damned if we didn't.

The most frustrating thing is that in 2 separate phone calls we were catagorically told that the underwriters have changed their policy for the Mexico situation and will allow us to claim.

My wife spoke with the insurance company on monday and was told that they've "washed their hands" of the claim as they are unable to find both of the telephone calls. Especially odd when we are told that all calls are recorded. As one of the calls was made from a business line (mother-in-law) then we can trace the exact time the call was made to the insurance company, in case it helps them find the calls.

We've requested to see copies of all the details they have for our claim and will be making a full complaint and shall be seeking advice from the FSA ombudsman.

I feel we still do have a case for a complaint.

Thanks again for your advice

Kev