Medical Insurance Discrimination

rjhempel

Hi all,

I am hoping someone can help me.

I read the following
http://www.moneysavingexpert.com/insurance/cheap-health-insurance

Right near the bottom it says that if there is an issue with the medical insurer to complain to the FOS.

I have done this with regards to discrimination from a couple of medical insurers who have said that they wouldn't accept claims with regards to my ears because I am deaf, despite the fact that issue I have highlighted has nothing to do with deafness.

In this situation, if myself and my colleague both have tumours in the ear, he would get treated, whereas I won't because I am deaf, despite the tumours having nothing to do with deafness.

The FOS say that I need to speak to the FCA, who in their wisdom, say it is nothing to do with them.

It is my understanding that by law insurance companies can't discriminate against the disabled when offering insurance.
I accept if I was asking for treatment re my hearing, that would come under a pre-existing condition, but a tumour would be a different thing and is in no relation to the deafness. Being deaf doesn't cause tumours.

As the FCA and the FOS wash their hands of this, I have no idea where else I can turn to ensure I am given equal treatment to others.

Is there any other governmental body that should be holding the insurers to account on this, as I can't find one that seems to accept it is in their remit, despite one expecting them to be responsible.

Hope someone can help.
Russell

Quentin

Your option left (assuming you exhausted all appeal processes) is taking court action.

Get proper legal advice on your chances before embarking on this.

Nearlyold

From Citizens Advice:-

Insurance services - when discrimination is allowed

The law which says you mustn't be discriminated against is called the Equality Act 2010. Discrimination which is against the Act is unlawful.

Generally speaking insurance providers aren't allowed to discriminate against you. But sometimes it's lawful for an insurance provider to discriminate against you because of your age or if you're disabled.

Read this page to find out more about when an insurance provider is allowed to discriminate against you.

When can insurance providers discriminate against you if you're disabled?

Risk assessments

An insurance provider can discriminate against you if there's a greater insurance risk because of your disability. This means they can use your disability to decide whether to offer you insurance and on what terms it’s being offered.

But they must base their risk assessments on information from a reliable source and one which is relevant to the product they are providing - for example, statistics. You can challenge an insurance provider if you think a risk assessment isn't based on a reliable or relevant source of information.

Blanket policies

Insurance providers are not allowed to have blanket or general policies of refusing to provide insurance or only providing insurance on certain terms, to disabled people. This would be unlawful discrimination under the Equality Act.

dacouch

Nearlyold wrote: »

An insurance provider can discriminate against you if there's a greater insurance risk because of your disability. This means they can use your disability to decide whether to offer you insurance and on what terms it’s being offered.

But they must base their risk assessments on information from a reliable source and one which is relevant to the product they are providing - for example, statistics. You can challenge an insurance provider if you think a risk assessment isn't based on a reliable or relevant source of information.

Blanket policies

Insurance providers are not allowed to have blanket or general policies of refusing to provide insurance or only providing insurance on certain terms, to disabled people. This would be unlawful discrimination under the Equality Act.

This ties in with my training many years ago when the act came into play.

Basically the company I was working for (Not Medical Insurer) could load premiums or decline cover for a disabled person if their OWN data showed there was a higher chance of a claim from the disabled person