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Insurance NOT paying (QBE)

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Comments

  • Flame cloud, there is genuine people out there. like I said why would put 250,000 into a business and put it at risk!?


    you clearly don't own a business or have a clue and just shows you have no idea.... absolute idiot !!!!!!!! lol
  • Dangermac
    Dangermac Posts: 557 Forumite
    edited 15 October 2017 at 1:45PM
    Hi MaxJenkins


    You need to engage some help with this, although that said, if you have already went down the FOS route, they will decide on what they believe ought to be the insurer's fair decision.


    There are so many factors at play here:


    - Does The Insurance Act apply? (depends on when the policy was renewed)
    - Was the question regarding convictions asked in a clear and unambiguous way?
    - Would the insurer have offered terms had they known about this pending matter?
    - Was your omission to provide the information Reckless / Deliberate? (note - no such thing as an innocent non disclosure under The Insurance Act 2015 - it's either Reckless/Deliberate, or not). Even if not, that still doesn't solve the problem for you.


    - Has there been non-disclosure of a material fact?
    - Was the question regarding the conviction misleading?
    - Is the insurer relying on pre-Act 'basis of' condition to not pay the claim?
    - Has the policy actually been avoided? (in my view, the insurer cannot just simply not pay the claim)




    Loads of technical questions, requiring technical answers


    The FOS may well be able to assist. Failing that, you can take the matter to litigation. You may well wish to appoint a specialist insurance lawyer, and you may need to consider your chances of success given that you will only be in this position if the FOS don't uphold your complaint


    Are the broker assisting you with this situation?


    Mega tricky. Good luck


    DM
  • DM,


    that was more then helpful compared to some this daft responses that have not helped! I will message you directly
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