Travel insurance and smoking

scouselad1974

Hi Everyone

A friend of mine has recently had an insurance claim refused on the basis that he had completed the online form incorrectly.
Basically he ticked a box saying that he was a non smoker rather than the box saying he was a smoker who quit over 30 years ago.
In British Law for the purposes of travel insurance, when is a person who smoked and has given up offically classed as a non smoker for insurance purposes ?

Thanks In advance

huckster

I was not aware that for Travel Insurance you were asked about smoking?

Are you sure your friends Travel claims was turned down due to this or are you talking about another type of Insurance e.g. Life Assurance.

scouselad1974

Hi

It was definatley travel insurance, he declared his medical conditions but made a simple mistake regarding smoking.
One box said I am a non smoker, another box said I am a non smoker who gave up over 30 years ago. He ticked the non smoker box instead

huckster

So was the smoking question only asked in relation to medical condition ?

If your friend suffered from a breathing condition or anything where smoking would cause an issue, I can understand this.

Edit - Your friend should make an official complaint to the Insurers, asking for their final response. They should then make a complaint to the Financial Ombudsman. Had your friend arranged cover by phone, the cover would have been arranged correctly and the claim paid. Why should they be penalised in relation to smoking, when they gave this up 30 years ago.

scouselad1974

Hi

Thanks for your replies, yes it was asked during his medical screening,my friend has already complained to the insurance company and then the ombudsman, the adjudicator came back in his favour but the insurance company still wouldn't pay out. At the last minute the Ombudsman over turned the adjudicators decision, saying that the insurance company are within their rights to cancel the policy as the wrong information was supplied.
As you can imagine he is devestated and I have discovered today online that any one who has packed up smoking for 12 months is classed as a non smoker for insurance purposes. I can't find this info now as I never saved the page earlier and was wondering if it was correct.

lisyloo

I have discovered today online that any one who has packed up smoking for 12 months is classed as a non smoker for insurance purposes

If your friend is asked a specific question with a specific timescale then they need to answer honestly.
I can't see how they could fall back on this "classification" (if it indeed exists) if the question was specific with respect to the timescale.

I am not a lawyer.

huckster

This info appears on many sites.

What is the definition of a non-smoker?
This definition of a non smoker usually means that you have not used any form of tobacco in the last 12 months. Most companies will offer cheaper rates for non smokers.

I think the ombudsman got it wrong on this occasion, but this may be harsh, as I have not seen the papers. I would have appealed and if necessary looked to take the Travel Insurance to court.

dacouch

Huckster I think the issue with smoking when making a medical declaration about a condition that can be affected by being a smoker is that the insurers often ask along the lines a) Do you currently smoke b) Are you a non smoker c) have you ever smoked. I have also seen variations dependent on the condition such as giving options for periods you have not smoked and also asking whether you were a smoker when the condition was first diagnosed.

So it's not always as clear cut as asking if you are a smoker or a non smoker

lisyloo

I would have appealed

I believe the ombudsman decision is the end of the road.
You could of course take a civil case, but if I was in that posistion and the independent ombudsman had rulkes against me then I'd have to seriously consider my own position
i.e. look at it objectively as to whether I might be wrong.

huckster

Yes the ombudsmans decision is final, but a little harsh. So there must be a bit more to the story.

Normally the ombudsman would look at how the Insurers would have acted, had they been given the information at the time cover was arranged. As I commented earlier, did smoking 30 years ago, really affect the risk?

martinrothwell

The insurance would normally be effected based on the information provided. Unfortunately, if you have provided incorrect information that would affect the insurers decision to consider their risk, then they would be within their rights to decline the claim. That said, most insurers who ask about smoking during the medical screening process for certain health conditions (for example angina) would usually ask whether you are a smoker and enable you to answer in several ways. World First, Columbus and several others would let you say either "yes" or "No, I have never smoked/gave up at least 6 months ago". I think any insurer (for travel insurance) who considers you still to be a smoker when you gave up 30 years ago is not acting in their clients best interest and is not treating their clients fairly. Would be interesting to know who the company concerned was?