Taking an insurance company to Court

[andrew2332]

Hi!

My mother has to take an insurer to Court. The underwriters turned down her car claim with no proper grounds to do so.

One assumes that the entity to take to Court would be the company she purchased the insurance through, not the actual underwriter, like taking a company to Court that sold you a holiday on behalf of the holiday company i.e. Expedia.

The insurance website are suggesting otherwise?

[des8]

Re: Taking an insurance company to Court

Hi and welcome

The website iscorrect.
Your mother has a contract (insurance policy) with company A, which she bought through company B (insurance intermediary?)

If company B had sold her an inappropriate policy, she may have had a clam against that company.
You actually say " The underwriters turned down her car claim with no proper grounds to do so." which suggests the policy sold was OK but it was the declinature of the claim that was incorrect.

Would you care to give more details?

[andrew2332]

Re: Taking an insurance company to Court

The website instructed my mother that the underwriters wanted an interview about the claim which my mother cancelled work to attend but they mucked it up and subsequently wanted to arrange another interview which my mother was not happy to attend due to missing work for the first interview and not being prepared to cancel another day for the second.

They cancelled the claim after this.

[Diana M]

Re: Taking an insurance company to Court

It's most unusual for underwriters to conduct a face to face interview.

If there are issues arising from a claim which need clarification the insurer is likely to seek advice or a report from an independent expert.

What was the purpose of the interview?

What reasons were given for rejecting the claim?

Was it something to do with the incident (car crash or theft of the vehicle etc) or did the insurance company question the policy cover in general, perhaps a query on disclosure when the policy was taken out?

Or did they reject the claim because your mother was unable or unwilling to attend the rescheduled interview?

Di

[des8]

Re: Taking an insurance company to Court

Sorry, but your post is unclear to anyone not knowing the background.
1) which website?
2) who are the insurers?
3) what are circumstances of claim?
4) is claim being handled by the insurers directly or has it been farmed out to a claims cmpany?
5) where was the interview to be held
6) who "mucked it up" and how?
7) did they offer to reimburse your mother for costs of "mucked up" interview?
8)did they (who is they?) decline the claim in writing (if so exact wording please) or by phone (again exact phrases used please)

[andrew2332]

Re: Taking an insurance company to Court

Or did they reject the claim because your mother was unable or unwilling to attend the rescheduled interview?

This.

- - - Updated - - -

7) did they offer to reimburse your mother for costs of "mucked up" interview?

No. Hence my mother refused to attend a second interview, and claim was denied.

How is a company that sells and profits from selling a product not responsible for making sure the product is satisfactory?

[Diana M]

Re: Taking an insurance company to Court

How is a company that sells and profits from selling a product not responsible for making sure the product is satisfactory?

They would be responsible for ensuring the product sold was appropriate for your mother's needs otherwise that would be a case of misselling.

Is the website (business owners) authorised and regulated by the Financial Conduct Authority?

A bit of background surrounding the need for the insurer to conduct a face to face interview would be helpful.

Di

[des8]

Re: Taking an insurance company to Court

Also bear in mind that it is for the claimant to prove their loss was covered by the policy.
Unless we are informed what the product is, we cannot judge whether or not it was appropriate.
It might well be a good product, but perhaps does not cover the particular circumstances of the loss.
I'm afraid that if you do not give us the full details, we cannot assist as we are having to make assumptions which could well be incorrect

[Daniella]

Re: Taking an insurance company to Court

My ma used a company that it turned out was farming out the insurances to a claims company, which we were only really told after she made a claim.

They firstly "forgot" to forward a claims form after the process was started. Then they lost the claim after it was sent so it had to be sent again.

Then they demanded this interview to discuss the claim via phone (A THIRD company now involved) My Mum was given only a certain time she could attend, cancelled half a day of work, and was subsequently told due to an administrative error by the company they forgot about it and they demanded a second interview and would not compensate for the first. My mother said not until you pay my lost wages. They said no, told the insurance company, and insurance company closed the claim.

The claim is completely legit. We (used to) have a friend in insurance who told us so.

"They would be responsible for ensuring the product sold was appropriate for your mother's needs otherwise that would be a case of misselling."

Surely if these other two companies are dicking my mother around then on general principle this policy is not appropriate for my mother or indeed anyone because the company/ies are not fit for purpose?

[des8]

Re: Taking an insurance company to Court

If what you said was true (and I am not doubting it) you write to the CEO of the insurers , telling him what has happened and requesting that he ensures his company perform their side of the contract.

Fail to do so, and you will initiate a court claim for specific performance and damages.