recommend solicitor critical illness claim

P

Poppy girl

Registered User
Messages
8
Hi there, I had a critical illness claim, relating to my Multiple Sclerosis diagnosis, turned down by my insurance company recently. I am looking for a solicitor who specialises in this, ideally on a no win, no fee basis. I live in the South Kildare area. Any guidance would be appreciated
 
PS there was an issue with the advice that I got from my insurance broker when applying for the insyrance. I lodged a complaint with the Ombudsman. I got a letter back to say that Omb could not entertain my complaint as I bought the policy in 2005. Omb can only look at complaints made within 6 years of purchasing the policy ... How can you possibly know that there is an issue with yiur policy until yiu make a claim ?!
 
it was based on information that I supplied on initial proposal form, which was made honestly and in good faith. I initually bought the policy in 2003, with life assurance. I remortgaged in 2005. the bank asked me to top up life assurance. The only option offered by my broker was to issue a brand new policy, thus cancelling my 2003 policy. I had seen a neurologist in 2004 who barely looked at me, and saud i was 'probably stressed'.
 
Don't want to put you off but I think you will have an up hill battle. This was most likely to have been deemed to be a material fact by the provider who will most likely point to at least on specific question on the application form that was not answered accurately. If they had known you had attended a specialist they would have underwritten the case differently. Generally there are warnings about the need to fully disclose on the application forms and not to make judgements about what is material or not. Sorry. Maybe you will get a different opinion from a solicitor. Can understand the FSO decision.
 
I probably didnt explain myself very well. If I still had the 2003 policy, I would probably have received tbe payment. My complaint relates to being sold a brand new policy in 2005, when I could have just topped up the life assurance, by an additional e8000 required by the bank. I have spoken to someone who works in insurance. He reckons that the broker would have received extra commission for selling a brand new policy. The money would be life changing for me, so I have to challenge this. Thanks for y
 
I'm not sure you can just top up policies that easily, any change involves new underwriting normally, unless there was a built in increase option with the policy. I totally understand why you want to pursue it though, I doubt you would have any argument based on the issuing of a new policy.

Was the 2004 consultant's visit mentioned in the 2005 application?
 
no, no mention of neuro in 2005 application. I don't think that Im making a good job of explaining my case here though. It's really down to the limited advice/lack of options given to me in a very casual manner by a broker. I'm just looking for an experienced solicitor. Im supposed to be avoiding stress ... thanks
 
Poppy Girl ... sorry if my questions and wbbs comments are stressful ... we are both trying to help! ... if your original policy was open-ended or for a term that lasted as long as your new mortgage and if it also allowed for increases in cover without underwriting ... then it would appear that you could have had the additional cover you needed by amending your original policy ... which would have been the best advice ... however if this was not the case it is more tricky ... because lenders insist on have the full amount of the mortgage covered for the full term of the mortgage ... lack of options is not a good basis for a case ... but bad advice is ... so these detailed nuances are important ... .. very best of luck! ...10r
ps - the 6 year rule has been challenged recently at the high court
 
thanks for that. I didn't mean that your comments were causing stress... just this whole situation. Drs always warning about the impact that stress can have on my condition. The critical illness policy was worth e100k, really life changing stuff. I was really disappointed by the Ombudsman response. I understand the 6year rule, but just don't see how you could make a complaint within 6yrs, if you at that stage, hadn't made a claim/didn't know there was an issue. I really don't want to go the legal route, but dont see any other option ... I also wrote to my broker, who bought over the company I had 5be insurance with. They are denying any responsibility, but I don't think their reasons were thatv strong. Hopefully I can source a good solicitor and get cracking on this. Hopefully I will be back on hete sometime with a good news story... thanks
 
@Poppygirl I think you need a solicitor who will assess the case and give you a view.
Brendan Looney of BJ Associates is worth a call, 086 858 0181

What you need is simply whether you have a cause of action and if so, what t would cost. I think he would tell you whether you are wasting your time or not.

I am sure others will give other recommendations.
 
You must log in or register to reply here.
Back
Top