Group Income Protection Insurance - does employer have a duty to inform me of limits to cover?

lassfarfromhome

Hi all, I'm three years into a claim on my employer's group income protection insurance. I don't know when/whether I'll be able to return to work and am concerned that there may be limits on the cover I have not been told about.  I'm intending to ask my employer for a copy of the policy wording and schedule so I can check.  But, should my employer have informed me about any limits on the cover when the claim was made?  Do they have a legal duty to do this?  I have checked and they sent me a letter about the insurance but no limits on the cover are mentioned.  Any help gratefully received.
(cross-posted to insurance forum)

AskAsk

they should have sent you details about the policy or it may be on their intranet or in the information that are sent out to employees on benefits in general.  they can't be held accountable for not telling you all the details as you could have just asked.  they would be held accountable if you did ask and they refuse to disclose the information.

Dox

lassfarfromhome said:

Hi all, I'm three years into a claim on my employer's group income protection insurance. I don't know when/whether I'll be able to return to work and am concerned that there may be limits on the cover I have not been told about.  I'm intending to ask my employer for a copy of the policy wording and schedule so I can check.  But, should my employer have informed me about any limits on the cover when the claim was made?  Do they have a legal duty to do this?  I have checked and they sent me a letter about the insurance but no limits on the cover are mentioned.  Any help gratefully received.
(cross-posted to insurance forum)

The employer is only obliged to honour their contractual entitlements to you, not spell out every detail of any insurance policy they have taken out. 

You were posting about this back in July, but still haven't asked the employer for full details. Why not? You could have had peace of mind (or at least certainty) for the last 3 months or so. Ask them - you need to know.

lassfarfromhome

No, there's nothing on the intranet, and they have not sent me details of the cover.  On what basis do you say they can't be held accountable for not telling me. Is there a case on that point, or is this just what you think is sensible?

AskAsk

from a point of law, if you are suing someone for negligence, misinformation, you need to prove that they were negligent.  in this case they had told you that you were entitled to the benefit.  you could have asked for details of the benefits, which you failed to do.  it wasn't a protected secret.  all you had to do was ask.  on that basis, this is what a judge would say to you if you took this case to court, he would say, "so why didn't you ask?".

lassfarfromhome

AskAsk said:

from a point of law, if you are suing someone for negligence, misinformation, you need to prove that they were negligent.  in this case they had told you that you were entitled to the benefit.  you could have asked for details of the benefits, which you failed to do.  it wasn't a protected secret.  all you had to do was ask.  on that basis, this is what a judge would say to you if you took this case to court, he would say, "so didn't you ask?".

the cause of action wouldn't be negligence, but thanks

lassfarfromhome

Dox said:

lassfarfromhome said:

Hi all, I'm three years into a claim on my employer's group income protection insurance. I don't know when/whether I'll be able to return to work and am concerned that there may be limits on the cover I have not been told about.  I'm intending to ask my employer for a copy of the policy wording and schedule so I can check.  But, should my employer have informed me about any limits on the cover when the claim was made?  Do they have a legal duty to do this?  I have checked and they sent me a letter about the insurance but no limits on the cover are mentioned.  Any help gratefully received.
(cross-posted to insurance forum)

The employer is only obliged to honour their contractual entitlements to you, not spell out every detail of any insurance policy they have taken out. 

You were posting about this back in July, but still haven't asked the employer for full details. Why not? You could have had peace of mind (or at least certainty) for the last 3 months or so. Ask them - you need to know.

Thanks, I've come to the conclusion I'll have to ask them.  I didn't want to alert them to the possibility I won't be coming back, but I think that ship has sailed.

AskAsk

lassfarfromhome said:

AskAsk said:

from a point of law, if you are suing someone for negligence, misinformation, you need to prove that they were negligent.  in this case they had told you that you were entitled to the benefit.  you could have asked for details of the benefits, which you failed to do.  it wasn't a protected secret.  all you had to do was ask.  on that basis, this is what a judge would say to you if you took this case to court, he would say, "so didn't you ask?".

the cause of action wouldn't be negligence, but thanks

i am quoting negligence as an example.  it is all about being able to prove that someone did something wrong that resulted in a financial loss to you.  in this instance you can not prove that, so you have no case.

lassfarfromhome

lassfarfromhome said:

AskAsk said:

from a point of law, if you are suing someone for negligence, misinformation, you need to prove that they were negligent.  in this case they had told you that you were entitled to the benefit.  you could have asked for details of the benefits, which you failed to do.  it wasn't a protected secret.  all you had to do was ask.  on that basis, this is what a judge would say to you if you took this case to court, he would say, "so didn't you ask?".

Not all judges are male, you know.

lassfarfromhome

AskAsk said:

lassfarfromhome said:

AskAsk said:

from a point of law, if you are suing someone for negligence, misinformation, you need to prove that they were negligent.  in this case they had told you that you were entitled to the benefit.  you could have asked for details of the benefits, which you failed to do.  it wasn't a protected secret.  all you had to do was ask.  on that basis, this is what a judge would say to you if you took this case to court, he would say, "so didn't you ask?".

the cause of action wouldn't be negligence, but thanks

i am quoting negligence as an example.  it is all about being able to prove that someone did something wrong that resulted in a financial loss to you.  in this instance you can not prove that, so you have no case.

Thanks for your erudite legal advice

AskAsk

lassfarfromhome said:

AskAsk said:

lassfarfromhome said:

AskAsk said:

from a point of law, if you are suing someone for negligence, misinformation, you need to prove that they were negligent.  in this case they had told you that you were entitled to the benefit.  you could have asked for details of the benefits, which you failed to do.  it wasn't a protected secret.  all you had to do was ask.  on that basis, this is what a judge would say to you if you took this case to court, he would say, "so didn't you ask?".

the cause of action wouldn't be negligence, but thanks

i am quoting negligence as an example.  it is all about being able to prove that someone did something wrong that resulted in a financial loss to you.  in this instance you can not prove that, so you have no case.

Thanks for your erudite legal advice

not advice, just my opinion.  if you still think you have a case then consult a solicitor as they will be able to give definite legal advice, but i personally think you do not have a case.