Ok.My mate over 60.His son passed away in his sleep this summer.Just went to bed and never woke up again.He was a great young lad.Always had a smile on his face and liked a laugh.Well everyone has been good and setttled whatever financial bits they had.When his wife produced the death certificate.All but one the union insurance company.Despite the union rep and the Leeds union officers requesting payment.The company women has flatly refrused tto recognise the reason for death.Now we are talking about a young women here with a three year old son.Who has lost his daddy.Figure is about £10'000.Can any of you.Give me advice on how to get this insurance company to pay up?
Legal advice needed
- Thread starter postman
- Start date
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wafflycat
New Member
- Location
- middle of Norfolk
postman said:
Unbelievable that an insurance company would contest this given the death certificate, but I suspect that they want to rely on the clause which says they don't need to pay out if the son was a druggie, etc. Nothing surprises me any more. Unfortunately the family will need to contest it and should take legal advice on how to proceed. The Ombudsman, in my experience, are not worth the paper they write their letters on and in any event are not of use until the claim has stalled. This claim, in many respects, has only just begun. It's nothing personal (to the insurance company) so the family just need to proceed in a business like manner to get their money.
Night Train
Maker of Things
- Location
- Greater Manchester
Is there anything in the small print relating to the manner of death that they are snagged up over? Maybe the post mortum report would help.
When my brother died the council tax department wouldn't let me settle and close his account, unless he signed a form to give me authority to do that on his behalf, even though he was dead. The CTax person kept telling me to get his signature on the form even though I was presenting a death certificate.
When my brother died the council tax department wouldn't let me settle and close his account, unless he signed a form to give me authority to do that on his behalf, even though he was dead. The CTax person kept telling me to get his signature on the form even though I was presenting a death certificate.
swee'pea99
Legendary Member
How do these people sleep at night? Ok, I'm no expert, and I'm sure Chris is right that this will take time and determination. These kinds of things happen because their number wonks have shown that dragging your heels makes lots of people give up. (Holiday firms that send people to shitholes do this routinely: of the 70 people who come back spitting tacks and swearing revenge, only 2 will see it through to a payout.)
One possible recourse worth looking into: the financial 'watchdog' type coumns in the broadsheets. I'm sure both the Guardian and Observer have them, and doubtless the others do too. You have exactly the kind of case they like to highlight: they'll follow it up on your behalf, and very often the company will settle, for fear of bad publicity. Worth a try (alongside other avenues).
One possible recourse worth looking into: the financial 'watchdog' type coumns in the broadsheets. I'm sure both the Guardian and Observer have them, and doubtless the others do too. You have exactly the kind of case they like to highlight: they'll follow it up on your behalf, and very often the company will settle, for fear of bad publicity. Worth a try (alongside other avenues).
ACS
Legendary Member
- Location
- Just below the snow line
Fully understanding the stress that the family are experiencing, as I had a very similar experience fighting for compensation for my mother when my father passed away as a consequence of asbestos related cancer (mesothilioma) about 6 years ago.
The family must start a paper trail. Write to the insurance and obtain from them the reason for refusal to make payment. When dealing with any matter that may have to be formally contested at a later date, then it must be in writing to avoid misunderstanding.
If the insurance company are disputing the cause of death then who issued the certificate becomes pertinent. There are many other factors that may be involved here, the competence of the Doctor may be in question, was the Coroner's Office informed if so will there be an inquest (will certainly delay payment), was an autopsy carried out if so has the report been published and do the family have a copy?
If there is an autopsy report does it contradict the cause of death on stated on the Certificate? Was the deceased on prescribed medication, have a long term illness or involved any incident that could have contributed to the passing. So many difficult questions it breaks my heart to point them out.
Sorry to appear a bit hard nosed about this, having dealt with the big battalions of the insurance world I have no respect for them or the people who make their decisions I just want the family to be best placed to get what is justifiable due to them.
<blood pressure now starting to fall.....and relax>
The family must start a paper trail. Write to the insurance and obtain from them the reason for refusal to make payment. When dealing with any matter that may have to be formally contested at a later date, then it must be in writing to avoid misunderstanding.
If the insurance company are disputing the cause of death then who issued the certificate becomes pertinent. There are many other factors that may be involved here, the competence of the Doctor may be in question, was the Coroner's Office informed if so will there be an inquest (will certainly delay payment), was an autopsy carried out if so has the report been published and do the family have a copy?
If there is an autopsy report does it contradict the cause of death on stated on the Certificate? Was the deceased on prescribed medication, have a long term illness or involved any incident that could have contributed to the passing. So many difficult questions it breaks my heart to point them out.
Sorry to appear a bit hard nosed about this, having dealt with the big battalions of the insurance world I have no respect for them or the people who make their decisions I just want the family to be best placed to get what is justifiable due to them.
<blood pressure now starting to fall.....and relax>
Cycling Naturalist
Guru
- Location
- Llangollen
The family will need expert legal advice because the terms of the policy are critical. Get them to see a solicitor. It's pointless trying to do it themselves because the insurance company will just play the long game.
ACS
Legendary Member
- Location
- Just below the snow line
Patrick Stevens said:
The problem taking it to a solicitor can be he is the who gets the majority of the funds, (personal opinion) In the first instance I would talk to the CAB, find out from them which local law firms specialise in this kind of work. They may also be able to put you in touch with legal firms who offer free legal clinics. Yes they are touting for work, but you are not obliged to instruct them to act for you. Get an opinion but first you have to have all the information so the solicitor can make a considered decision and provide the guidance you seek.
Cycling Naturalist
Guru
- Location
- Llangollen
satans budgie said:
The family of the deceased (the estate) is entitled to all the money or none at all. I'd be wary of CAB lists because they'll be of legal aid lawyers and this is really probate litigation.
ACS
Legendary Member
- Location
- Just below the snow line
Patrick Stevens said:
I will of course give away to my learned friend as matters relating to probate are outwith my experience. My expereince is based on obtaining compensation and not issues of probate. Just trying to help in my limited way.
Regards to all.
Fnaar
Smutmaster General
- Location
- Thumberland
Good luck... I wish jobsworths would actually think about the circumstances before sending letters that will upset... although it's 23 yrs ago, I still remember my mum getting a letter asking her to repay £6 of my dad's pension, as he died before the month was out!
A basic but simple start would be to find the name of managing director/chairman insurance company and write signed for delivery direct to him. I had issue which I sorted out for my friend when her husband died and once the MD got involved it was incredible he even phone her personally to apologise.
Thank you all so much for your help.I have just spoken with Keith.And he is at this very moment going over to his Daughter in Law.To sort out the details.And then he is going to start.He will get back to me tomorrow.And i will be in touchwith the person who has offered help.Again many thanks.
Bigtallfatbloke
New Member
life assurance companies for the most part fear having any bad publicity about non payment of claims, it's a tough enough sale as it is...I know I used to sell it.
Be sure that these people are technically wrong and you are right , then shout and scream as loud as you can and threaten press etc...unfortuneatly I feel with these 'people' all they react to is threats.
Be sure that these people are technically wrong and you are right , then shout and scream as loud as you can and threaten press etc...unfortuneatly I feel with these 'people' all they react to is threats.
