Holiday Insurance Rip Off

[modeller]

My 55 year old daughters male partner aged 62 died in a coma 9 months after an accident whilst on holiday in France. They had had an annual insurance every year for several years . The policy covered everything from sickness to accidents for the holiday and for the following year. In the event of death there was a £25k cover. Following the accident they returned home where he collapsed and went into a coma and died 9 months later Aug 2016 in a care home, 100 miles away. Since then there has been numerous letters confirming the events but no settlement.
You can imagine the distress both mental and financial all this has caused . What more can she do ? It seems a rip off to me .

[EDDIE51]

You need to prove that the death was a direct result of the accident and nothing else. Unless you can prove that the company will not pay out. Now 8 months after the death it may be hard to prove what the cause of death was.

[modeller]

Good point Eddy but how about sickness resulting in incompacity and/ or subsequent death . According to the policy it covers the period of the holiday and for the following 12 months. At no time have the insurers denied or queried the claim . They were more interested in knowing if other insurers were involved.
No doubt to share their liability.
As a point of interest the accident occurred whilst
ski ing and was treated at the time but it had caused a blood clot which caused a stroke 24 hours later.

[murraymints]

I'd get a solicitor on the case !

[EDDIE51]

Have you told them no other insurers were involved ( assuming that is the case)?
If so demand they offer a settlement within 28 days.

[modeller]

With regards to solicitors, when my Son in law died he was in in a Nursing Home and they asked my daughter if their solicitor should help her sort things out. She understandingly said yes. Their solicitors contacted her travel insurers, and as I have said numerous letters have been exchanged concerning the initial accident , the subsequent treatment at the time and in hospitals and care homes in the UK and his death. My daughter doesn't want to start again with yet another solicitor. She is already under great strain. That is why I decided to appeal to our knowledgeable friends on Answer Bank.

[modeller]

Eddy I forgot to mention they have been told no other insurers are involved.

[modeller]

A further point of interest from my daughter is this extract from the policy:

" Their small print and printed brochure states that in the case of a 'Death Claim' which was caused as a direct result of an event whilst on holiday, or occurring within one year thereafter, as a direct result of being on the holiday. A sum of £25K will be paid to an appropriate beneficiary. ( Namely me. ) " ie. My daughter.

[hc4361]

What was the cause of death?

[TWR]

Contact the Insurance Ombudsman.

[modeller]

hc4381 I don't know the exact term but he had had a stroke and had been in a coma for about 9 months.
His condition suddenly deteriorated and he died.

[modeller]

TWR I hadn't thought of that , fool that I am. Do you have any addresses ?

[TWR]

I'm not the best with Links Modeller but some on here will put you right, do not back down no matter how much the Insures try it on.

[jno]

http://www.financial-ombudsman.org.uk/

You could also try the consumer advice people in some newspapers on Saturday monrings - they don't just advise, they actually chase things up for you (but they may have queues waiting)

[TWR]

0800 023 4567

[modeller]

Thanks for all your answers I have passed them on to my daughter. She has just emailed me to say that she paid £400+ every January for the holiday insurance for herself and her partner . Which included the declaration her partner had a Pace Maker and they wanted the insurance for winter activities. She has recently renewed the insurance for herself Which cost £97 therefore the insurance for her partner was about £300.
As you see she has been open and above board with her insurers and they are treating her badly at a time of great stress.

[Hymie]

I would advise you read the terms & conditions of the insurance policy.

I would think that there is a fair chance that those terms and conditions would only cover death during any period of vacation – the £25k covering resultant costs involved in a death while abroad. If you manage to reach home alive, then I doubt a claim for death under a travel insurance policy would pay out.

Otherwise anyone who died could have a claim against their annual travel policy – claiming the primary cause was an incident while abroad.

Whilst this might be true for your son in law (that the primary cause of his death occurred while on holiday), that would not give rise to a valid claim IMHO.

[EDDIE51]

You say that 'following the accident they returned home where he collapsed and went into a coma'
The problem is going to be PROVING that the collapse and subsequent coma was due ONLY to the accident and NO other reason.
Unless you can prove that I can't see the insurance paying out!
You have to remember that all insurance companies have staff whose sole job is to find ways to avoid paying out on claims. If they can find any medical reason that would offer a reason for the collapse other than a direct result of the accident they will use it to withhold payment. What was given as the cause of death on the death certificate? Did it specifically link the death to to the previous accident?

[EDDIE51]

Reading your post carefully I am not certain of the time line.
How long after the accident did he go into the coma? was that the 9 months you refer to in line one! Or did he go into the coma and stay in it for the 9 months before he died?
The time it was between the accident and going into the coma and his state of health between the accident and going into the coma is going to be crucial here!

[modeller]

EDDIES
I believe he went into a coma about 15 hours after the accident . He spent a short time in two hospitals, 6 months in one care home and about a month in the final one. A total of 9 months .

[modeller]

Eddy
The death certificate and the coroners report both stated the death was as a result of the accident. I forget the exact words.