Cancelled holiday trying to claim back deposit

FH_Brit

MELB - although I agree with you - legally they CANCELLED the policy - that means it was null and void from the start date.

When they told the IC that Dad had died and they need to cancel the policy, they should have said "no, you need to claim for the booked holiday" as knowing this information they cancelled the policy knowing a claim would be forthcomming. And also if Dad had taken the policy out himself, legally (until they prove death) they cannot act on his behalf, otherwise we could all cancel each other policies! ! !

spiro

FH_Brit wrote: »

When they told the IC that Dad had died and they need to cancel the policy, they should have said "no, you need to claim for the booked holiday" as knowing this information they cancelled the policy knowing a claim would be forthcomming. And also if Dad had taken the policy out himself, legally (until they prove death) they cannot act on his behalf, otherwise we could all cancel each other policies! ! !

When you cancel holiday insurance how do they know you have booked a holiday? You may have an annual policy with no planned holiday.

Debt_Free_Chick

magpiecottage wrote: »

However, I think the insurer has let you down. They should have realised that the insurance existed because a holiday had been booked and that it would now need to be cancelled.

Go back to the insurer, explain the position and ask them to meet the cost of the loss deposit less the premium already refunded and the excess.

Completely agree with this.

Arguably, the incident that led to the cancellation of the holiday occurred before the policy was cancelled. The order was death, then cancellation. At the time of death, the insurance policy was in force.

FH_Brit

SPIRO - They don't unless you say, but be assured when you put a claim in, then they will ask for proof of your travel dates (that means visa stamps in passport or boarding cards - a good reason to keep them) and any other info to prove you were within the terms of your policy because if you can not proove it then they won't pay your claim.

FH_Brit

Debt_Free_Chick wrote: »

Completely agree with this.

Arguably, the incident that led to the cancellation of the holiday occurred before the policy was cancelled. The order was death, then cancellation. At the time of death, the insurance policy was in force.

No - The policy was Cancelled not the unused part of the policy.
Like filling your cart full of groceries then deciding not to pay (cancelling your purchase) then still wanting to eat them (others call this shoplifting!). Or is like having an accident and then taking out a policy - they will not cover anything outside the coerage period. When you cancel the policy it is like it never existed - although I think the insurers are being unreasonable and unprofessional, the OP's only option is to get the FOS involved who have the authority to tell the IC to pay.

Debt_Free_Chick

FH_Brit wrote: »

No - The policy was Cancelled not the unused part of the policy.
Like filling your cart full of groceries then deciding not to pay (cancelling your purchase) then still wanting to eat them (others call this shoplifting!). Or is like having an accident and then taking out a policy - they will not cover anything outside the coerage period. When you cancel the policy it is like it never existed - although I think the insurers are being unreasonable and unprofessional, the OP's only option is to get the FOS involved who have the authority to tell the IC to pay.

OK - it wasn't clear that the insurer had cancelled the policy from outset. Indeed, I didn't think that was possible - I thought you could only cancel it going forwards, but as the insurer was "on risk" from the date of inception, that claims covered by the on risk period would be honoured.

luci

I am surprised that the insurance company accepted a phone call from someone other than the policy holder as cancellation of the policy. Obviously the policy holder couldn't call, but I would have expected them to ask for a copy of the death certificate before they would cancel the policy and refund the premium.

starfish40

Thankyou for everyone's advice.

I have now written to the holiday company, holiday insurance company and credit card company explaining the full circumstances and sequence of events.

I now await their response and shall post the outcome on this thread.

Thanks again.