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UPDATE: Annual Travel Insurance taken out on 3rd March; but policy started 1st April

13

Comments

  • blindman
    blindman Posts: 5,673 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Goobles said:

    However, even assuming you are right, I guess the problem is whether or not that use of the term 'purchase' is clear to the client. If it is unclear or misleading, then there are grounds to appeal.


    There was nothing unclear or misleading in your instruction to START the policy on 1st April even though you paid on 3rd March.


  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I fear that the court fee will simply be a waste of money. Purchase date and start date of insurance cover are unconnected events. Never ever been any different. 
  • Goobles
    Goobles Posts: 13 Forumite
    10 Posts
    blindman said:
    Goobles said:

    However, even assuming you are right, I guess the problem is whether or not that use of the term 'purchase' is clear to the client. If it is unclear or misleading, then there are grounds to appeal.


    There was nothing unclear or misleading in your instruction to START the policy on 1st April even though you paid on 3rd March.


    Thanks very much to everyone and I've learnt a great deal about travel insurance here. Your tips have been incredible helpful and I actually find this really engaging. This will be my last post in all probability. 

    I fully agree with you blindman, although the relevant point here surely is not the instruction to start the policy on a later date, which was clear, but the assumption that I'd be covered against cancellation in the interim, which was unclear. 

    Again, I quote:

    Cancelling or Coming Home Early 
    What We'll Cover
    If you need to cancel your trip or come home early due to an event below happening after you purchased the policy or booked the trip (whichever is later) and you're unable to recover your travel costs from your travel or accommodation provider, their booking agents or your debit or credit card provider, we'll pay them.

    One would read this and reasonably assume that they were covered against cancellation between the purchase of the policy and the start of the policy. 

    I really think the most interesting point was made by you earlier when you said 'What you in effect did .... was to actually PRE PAY for a product that would be "bought" on the 1st April.'

    That distinction between 'pre-paying' and 'buying' is a really good one and presumably akin to how they wish to understand the phrase 'purchase'. 

    However, I'd say two things:

    i) If that is what they mean by purchase, then it's not clear to the consumer. If I'm to understand that the policy works in this way, then that's fine, but the insurer needs to add more words into the policy to make this clear. Which would not stand up well. 

    ii) In other sections of the terms and conditions, they clearly don't use 'purchase' in the sense suggested by you blindman. E.g. 

    Your Health Cover and Exclusions
    'When you purchased or renewed this policy, we asked you about medical conditions.'
    This clearly uses 'purchase' in the sense of when the policy was bought, not the date on which this policy became active ... 

    We Won't Cover
    'Any claim where you knew, when the policy was purchased or the trip was booked (whichever is later), that your travel plans may be affected'
    Same here: it's nonsense to argue that this covers things you knew about on the date the policy became active - and not the date you bought it! The scope of insurance is clearly set on the date you pay for it. Not when the policy becomes active. 

    For these reasons, 'purchase' date is not necessarily the date the policy starts.

    They've used this concept on at least two different occasions to suggest the layman's sense of 'pay for'.

    For the reasons above, (i) and (ii), the policy is duly unclear as to the start date of the cancellation cover. 


  • Goobles
    Goobles Posts: 13 Forumite
    10 Posts
    I fear that the court fee will simply be a waste of money. Purchase date and start date of insurance cover are unconnected events. Never ever been any different. 
    Thanks Thrugelmir - although you are almost certainly right, I'm not sure whether the wording of their policy makes that clear to the consumer. I've tried to outline why above. But will bow out now and thank you all for your advice. I've learnt a great deal and am very appreciative of your responses and feedback. 
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 1 July 2020 at 10:20PM
    Goobles said:
    I fear that the court fee will simply be a waste of money. Purchase date and start date of insurance cover are unconnected events. Never ever been any different. 
    Thanks Thrugelmir - although you are almost certainly right, I'm not sure whether the wording of their policy makes that clear to the consumer. I've tried to outline why above. But will bow out now and thank you all for your advice. I've learnt a great deal and am very appreciative of your responses and feedback. 
    You were asked when you wanted the cover to start. Unsure what could be clearer. 
  • jgburke
    jgburke Posts: 4 Newbie
    First Post
    I'm in the same situation, I paid for travel insurance on the 3rd March but got the policy to start on the 5th April as I already had an insurance that was ending the same day. I was never contacted to say that my policy terms had changed in anyway on the 17th, so I do believe that what I paid for and the terms received on the 3rd March should stand.
  • Birseh_
    Birseh_ Posts: 100 Forumite
    Second Anniversary 10 Posts
    you did pay for just that jgburke
  • ptdommi
    ptdommi Posts: 6 Forumite
    Fourth Anniversary First Post
    I bought an annual pre med policy in January 2020. Had 2 trips cancelled by airlines, no probs with refunds. Looked for policy but had not received (supposedly automatic) to see how much excess was. Contacted Holiday Extras and was sent a policy, but in big bold letters were the warnings for Covid-19. Contacted them again and said policy was purchased prior to pandemic warnings, therefore this paragraph should not have been in there. Told they could not change but would have no problem with cover and it was their fault a policy was not sent originally. Had 3rd trip to USA cancelled by BA, money refunded, no problem, but when trying to claim for our accommodation insurance underwriters are kicking and screaming not to pay. I have been in touch with my accommodation people in USA for a refund but no joy and I know I can claim through credit card company. My question is:- as the insurance company never forwarded my policy until asked (2 months later) I never had the 14 day cooling off period if something was wrong with the policy. I am wondering if they are in breach of contract or have broken the terms of our contract?
    Sorry to be so long winded!

  • sheramber
    sheramber Posts: 22,993 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    if your accommodation is available but you unable to travel there you  do not have a claim on your credit card. Th service is available. 
    What date is shown on your policy document as the  start date   of your policy?
  • ptdommi
    ptdommi Posts: 6 Forumite
    Fourth Anniversary First Post
    Hi Sheramber, my start date on the policy is 19/01/2020. BA cancelled because of coronavirus and the USA have denied EU & UK citizens entry, so we can't get to the accommodation even if we wanted to. Thought claims could be made on the credit card under Section 75!
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