Discussion
Yesterday, whilst on holiday in the Dominican Republic, my step-niece died of a heart attack. She was 22 years old.
Her insurance company has refused to pay out (surprise surprise) and declared her policy void due to a technicality. The same evening, her mother was contacted by the tour operator that a bill of £1700 was payable for hospital fees. This after the same company had rung her three times already - First to say she'd died, the second to say she was all right and a third to say that had definitely died!
Today she received another phone call from them, saying that further costs had been incurred as the body had to be moved twice already and the bill was rising daily from the local funeral directors costs for "storage". In the same call she was told, in a manner she felt was threatening, that if the bill was not settled immediately the body would not be released and would be buried locally.
The foreign office were of little help other than to tell her to expect a bill of three to four thousand pounds for transport back to the UK alone. The local MP is involved and is more helpful, currently chasing up information on this kind of thing. In the meantime her mother is getting more and more distraught at an already difficult time.
I have a suspicion she may just have to find a way to stump up the cash but I'll ask anyway. Does anyone have any information on any rights she might have in a situation such as this or possibly any experience in this kind of thing? If the latter is the case, please accept my sincere apologies for any sad memories of your own that this may stir up.
Many thanks in advance for any replies.
Darren.
likesbikes said:
Her insurance company has refused to pay out (surprise surprise) and declared her policy void due to a technicality.
Whats the technicality?
A lot of travel insurance policies have repatriation clauses in them to get the injured or decesed party home.
I have dabbled in travel insurance but it was a long time ago, but im used to deciphering policy documents
anonymous said:
[redacted]
To be honest either really, never considered that about the insurance although I suppose it should've been obvious. Its all been a bit rapid.
We're just trying to draw up a list of possible avenues we can take and PH was one place I thought of where someone might have some info in laymans terms.
cotty said:
Whats the technicality?
A lot of travel insurance policies have repatriation clauses in them to get the injured or decesed party home.
I have dabbled in travel insurance but it was a long time ago, but im used to deciphering policy documents
The technicality is a little bit personal to be honest and I'm not sure I want to disclose peoples medical details on the internet, sorry. Also I don't know the full details of the policy, she was away without anyone from family.
However any suggestions you have about how this can be chased up would be most appreciated. Cheers.
>> Edited by likesbikes on Wednesday 21st September 19:02
cotty said:
Did she book the holiday with a credit card? in which case some credit cards have their own travel insurance built in
There's a thought? I'll try and find out.
Sorry if my above reply seemed a bit short or rude. I've just re-read it and thought it might be construed as such, it was not meant in that way.
I have to disappear shortly unfortunately, but I will take the time to read and if necessary reply to any replies anyone may leave as soon as I can.
Thank you,
Darren.
likesbikes said:
Yesterday, whilst on holiday in the Dominican Republic, my step-niece died of a heart attack. She was 22 years old.
Her insurance company has refused to pay out (surprise surprise) and declared her policy void due to a technicality. The same evening, her mother was contacted by the tour operator that a bill of £1700 was payable for hospital fees. This after the same company had rung her three times already - First to say she'd died, the second to say she was all right and a third to say that had definitely died!
Today she received another phone call from them, saying that further costs had been incurred as the body had to be moved twice already and the bill was rising daily from the local funeral directors costs for "storage". In the same call she was told, in a manner she felt was threatening, that if the bill was not settled immediately the body would not be released and would be buried locally.
The foreign office were of little help other than to tell her to expect a bill of three to four thousand pounds for transport back to the UK alone. The local MP is involved and is more helpful, currently chasing up information on this kind of thing. In the meantime her mother is getting more and more distraught at an already difficult time.
I have a suspicion she may just have to find a way to stump up the cash but I'll ask anyway. Does anyone have any information on any rights she might have in a situation such as this or possibly any experience in this kind of thing? If the latter is the case, please accept my sincere apologies for any sad memories of your own that this may stir up.
Many thanks in advance for any replies.
Darren.
Gosh, this sounds awful.
My father in law died abroad (on holiday in Spain) and initially the insurance company were refusing to repatriate his body due to a comment made by my wife on the phone to them about a medical condition.
It was only after much pushing on my part that the matter was resolved, with the help of his doctor, and they did eventually pay - the problem was one of terminology !
You don't give the reasons for the insurance company refusing to pay - but my advice would be to keep pushing them, politely but firmly as you can in the circumstances, and ascertain exactly why they are refusing.
Get a solicitor to look at the policy if you are unsure.
I hope that the matter gets resolved, and my condolences to you and your family.
Sorry to hear your news, this must be a dreadful time.
With my legal and former insurance broker hat on if she failed to disclose a medical condition that may have been relevant I think the family are in a very difficult position.
I appreciate that you don't want to say too much on here and I really hope that this isn't the situation.
Having said that insurance companies do try it on and do sometimes need to be "pushed" to do the right thing - you may need to employ a solicitor to do this.
My practical head says that your family need to try to raise the cash to deal with whatever needs to be done and to then deal with the legal issues at a later date when you are not trying to deal with the grief of losing someone close to you. I appreciate that this might not be easy for you.
Hopefully Tonker can give you some assistance, it might be worth contacting the Insurance Ombudsman but I'm not sure that they will intervene at this stage.
Best wishes to you and to your family.
Piglet
With my legal and former insurance broker hat on if she failed to disclose a medical condition that may have been relevant I think the family are in a very difficult position.
I appreciate that you don't want to say too much on here and I really hope that this isn't the situation.
Having said that insurance companies do try it on and do sometimes need to be "pushed" to do the right thing - you may need to employ a solicitor to do this.
My practical head says that your family need to try to raise the cash to deal with whatever needs to be done and to then deal with the legal issues at a later date when you are not trying to deal with the grief of losing someone close to you. I appreciate that this might not be easy for you.
Hopefully Tonker can give you some assistance, it might be worth contacting the Insurance Ombudsman but I'm not sure that they will intervene at this stage.
Best wishes to you and to your family.
Piglet
anonymous said:
[redacted]
Likewise if you would like me to take a look as well, confidentially, do drop me a line. Tonker and I, and others on here, spend most of our lives drafting contracts which will be a lot tighter than the one the insurance company are relying upon.
Its no consolation, but I know from having worked in this type of industry that it is standard practice to refuse all claims of certain types and/or over certain amounts on the basis of a technicality. They hope, as already mentioned, that people will think there is nothing they can do and go away. I suggest that you go back to them quickly and explain in no uncertain terms why you think they should still be paying up.
Unfortunately you can't go to the Ombudsman yet, as you have to exhaust the insurer's internal complaints procedure before the Ombudsman will consider your case.
Nevin said:
Tonker and I, and others on here, spend most of our lives drafting contracts which will be a lot tighter than the one the insurance company are relying upon.
And I have spent 18 years dealing with claims based on insurance policies so i think you have a wealth of experience here
Nevin and Tonker are the obvious experts here.
All I can add is that last year my mother died suddenly while on a cruise to clebrate her 65th birthday. She had a massive brain haemorrahge 24hrs before her birthday.
The insurance company were scum. They had charged my parents well over the odds for the insurance, which they are very happy to take, but then tried to wriggle.
Just stick to your guns and be absolutely clear that you will hold them responsible for their treatment of your family at this time of great distress.
All I can add is that last year my mother died suddenly while on a cruise to clebrate her 65th birthday. She had a massive brain haemorrahge 24hrs before her birthday.
The insurance company were scum. They had charged my parents well over the odds for the insurance, which they are very happy to take, but then tried to wriggle.
Just stick to your guns and be absolutely clear that you will hold them responsible for their treatment of your family at this time of great distress.
Thanks for all your suggestions, particularly Tonker and Nevin for their kind offers of their time to help. It was very much appreciated (Never found anything in my inbox though??).
Anyway an update, after much pressure (Especially from our MP who was fantastic - not often I have anything good to say about politicians) the insurance has agreed to cough up for transportation home and argue about the hospital fees later, after the funeral etc.
The original technicality was over something not declared when the policy was taken out. However it has came out that this was probably not related to the death and that thrombosis(sp?) probably was. A thrombosis problem had occurred on a previous holiday and this was declared to the insurance firm at the time.
Sad as it is, my step-niece was not particularly close to me (more of an aquaintance really) my brother, his wife and her family however are. Everyone is grateful of the help offered by people I don't really know and my family don't know at all. Restores faith in a world where everyone seems to have little or no time for everyone else.
Thank you,
Darren.
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