Problem with annual travel policy just before holiday

Toothsmith · 23 January 2018 at 6:51PM

I find myself with a problem I wondered if anyone can help me with?

In Oct I booked a skiing holiday, and took out an annual travel insurance policy with Santander, underwritten by Chubb Insurance.

The holiday is next week, but I realised yesterday I couldn’t find the policy. I looked on my bank statement to see exactly when I paid, and found it. I then googled the company, and in finding the contact us page, I noticed it said ‘you must tell us if anything changes in your medical condition’

18 month’s ago, I badly broke my shoulder falling off my bike, and have a shoulder replacement now. I had declared that. But in Nov I had a persistent sore knee and got it checked out (I’m lucky enough to have private health cover, so it’s quite easy and fast to do). The scan showed a small tear in my cartilage but nothing that required treatment, and with a few suggestions of exercises and stretches, it has stopped being a problem. I have no more appointments for it.

I emailed the company to ask for my policy details, and they replied this morning. But I then rang them to just update them about the knee.

I was told they needed to cancel that policy ( and because I’d taken it out in Oct I’d only get £50 of the £70 premium back) then take out a new one with the new info.

However, when they put ‘diagnosed with cartilage tear’ in their system - it wouldn’t then cover me!!! He thought it was the combination of the shoulder and the knee with the winter sports cover!

I couldn’t argue it with them that the knee is not a problem, and the consultant was perfectly happy for me to go skiing on it (I asked at the time as I was worried about my holiday) He had told me that such minor tears weren’t really that unusual in 54 yr olds!

So - I am 3 days away from my holiday, with no insurance and having to say a company has declined me insurance if they should ask!!

They have said that they will pay out for cancellation - but I’m not going to cancel for a knee problem I haven’t got!!

I have also since found a company that have covered me - so the holiday is safe. But it was single trip cover, and that cost me as much as this annual policy.

But I am just so cross that they could put me in that position.

I did speak to someone more senior than the first person I contacted, and he said he would ask the underwriters and get back to me this afternoon, rather than just adopt the ‘computer says no’ attitude of the first chap. But - he hasn’t got back to me!

I think at the very least I should get my full premium back rather than just a portion of it?

Am I being unreasonable? Does anyone know if I do have any comeback on this? Should I take the complaint further?

Quentin · 23 January 2018 at 7:27PM

Yes you are being unreasonable - they have honoured the policy (by offering to cover a cancellation claim) even though you breached the conditions by not notifying them of the tear earlier.

With any insurer you are unhappy with the route is to complain and if unhappy with the response (or they ignore you for 8 weeks) escalate to the FOS for their adjudication (at no cost to you)

Toothsmith · 24 January 2018 at 9:22AM

Thanks for that.

I appreciate that they are happy to pay for the cancellation (I didn't go into whether that would be for both me and my partner, who has her own insurance - or if she had to claim on hers for cancellation, would it be a valid reason considering I'm perfectly fit and well - that just seems like a whole different can of worms.)

But my disgruntlement is that they are treating 'diagnosed with torn cartilage' as an absolute, and not the spectrum it so obviously is.

The tear was diagnosed just before Xmas - so I don't think I'm unreasonably 'late' in telling them - The holiday was a concern in my decision to get it checked out - and from initially getting the consultants appointment in early/mid Nov, to getting the scan, to seeing him for review and being told it was very minor, getting suggestions for exercises, putting them into practise, and it getting better has only been a few weeks. I think it's acceptable and reasonable to work on getting it right or at least getting as much information as possible before telling them? I certainly wouldn't go away if I had any doubts about the knee - and if I did, I wouldn't complain if they refused to pay out should everything go pear shaped.

My expectation when contacting them to update them was that they may have wanted the surgeon's report, they may have upped the premium a bit and/or they might have upped the excess - particularly on the knee. To just blindly say 'computer says no' was really unhelpful.

Really, all I would like from them is to give me my full premium back. I didn't get this insurance on price. They weren't the cheapest. I went with them because they were Santander - and over the last few years I have had very good experiences with Santander and their approach to customer service.

Quentin · 24 January 2018 at 9:54AM

You have been given the benefit of the policy cover!

They ask to be told about new conditions and have no obligation to continue to cover if any new condition isn't acceptable to them

In cases like yours when the insurer cannot continue the cover they do accept a cancellation claim which they offered you (despite your late notification)

As posted if you are unhappy, complain and escalation to FOS is your cheapest route to follow, alternatively direct legal action, but do get legal advice on your chances before going that route!

Toothsmith · 24 January 2018 at 1:52PM

Quentin wrote: »

You have been given the benefit of the policy cover!

Letting them cancel my holiday when I'm perfectly fit & able to go doesn't really feel like a 'benefit'.

csgohan4 · 24 January 2018 at 2:13PM

I would be more worried about having to declare you have had a cancelled insurance to your other car, home insurers on renewal e.t.c

Quentin · 24 January 2018 at 2:21PM

Toothsmith wrote: »

Letting them cancel my holiday when I'm perfectly fit & able to go doesn't really feel like a 'benefit'.

Clearly not in their eyes!

You would need to do the cancellation not them though.

Your op asked questions.

Happy to answer them.

As advised you have 2 routes to go down

Ball is now in your court on which to take.

lisyloo · 24 January 2018 at 2:23PM

I could be wrong but I don't think quentin meant that particular part was a benefit.
You've had cover for a number of other things e.g. if you'd broken a leg or a close family member had died.

Cancellation is not a benefit but they are entitled to not want to insure you (even if their reason doesn't make sense to you) and as they don't want to insure you they are discharging their liability by refunding what you've spent already.

from initially getting the consultants appointment in early/mid Nov

So you were aware of this risk from early Nov?
You may say in your eyes it wasn't a risk, but you are neither a medical expert not an insurance risk expert.

My expectation when contacting them to update them was that they may have wanted the surgeon's report, they may have upped the premium a bit and/or they might have upped the excess - particularly on the knee. To just blindly say 'computer says no' was really unhelpful.

It is unhelpful to you, but they are not in business to be helpful to you. It sounds like you acted according to your (incorrect) expectations and not the policy terms and condition.

I sympathise with your situation but there is a lesson here which is that Insurance doesn't operate according to common sense or your expectations, it's a contract that you need to read, or ask if you don't know.

I have very recently been in a situation of potential cancellation with a close family member in hospital without a diagnosis.
I sought information on here AND spoke with my insurer as soon as I thought there was a risk. I also recorded the time, date and name and brief details should there be any confusion at a later date.

Toothsmith · 26 January 2018 at 12:30AM

They got back to me and the underwriters would be happy if I could get a letter from my consultant saying that the knee was not a problem.

I rang up his secretary - and he’s away skiing :rotfl:

In all honesty - with a day to go, it’s probably a bit late to get this sorted even if he wasn’t!

I told them I’d managed to get alternative insurance, but just single trip.

I have always had the approach of being disappointed, but polite with them on the phone , and they have agreed to give me a full refund of this premium (rather that £50 of the £70 I’d paid)

So - thanks to Quentin, who kept me real!

I think I’ve probably got the best from this I could have got, and my faith in Santander customer service is restored!

I think if I’d played it absolutely ‘by the book’ - and told them the second I though my sore knee might have been a problem, then feeding an ‘undiagnosed problem’ into their system would have caused more hassle - as I’d be then having to find alternative insurance with ‘undiagnosed problem’ hanging over me!

Maybe I should have just ‘manned up’ and not let a sore knee worry me? But I really didn’t want to go skiing if I though it might harm me! And being lucky enough to be able to get these things checked out quickly, I thought it silly not to.

There does seem to be a disparity between the insurance industry and people who actually want to look after their own health!

But - I’m happy with the outcome here.

Problem with annual travel policy just before holiday

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