Thursday, August 28, 2008
Question for welcome news? -
re your last para. he was 59 years old and was forced to retire due to his cancer by his employer. He only died last month so your ref. to "retrospective claim" is not understood. She has not paid it yet and has no means of paying it as she is on a very low income. He took this insurance out to protect her, he was a very loving husband. Assuming he was in full-time employment then it would appear that if he had ceased working, there would have been a valid claim on the policy for either a year or (depending on policy wording) he reached 60. The problem would appear to be the conditions on the policy - I am guessing here but one of the conditions is probably that one of the expiry dates of the policy is the date he retires. Hence the problem - if he had not retired due to ill health - just stated that he was unable to work due to ill health then the policy should have protected him. It is for this reason that there is a good chance that the monthly benefit could be paid. As he was presumably unaware of this, as executors you should approach the insurance company and see whether a claim could be admissable under the circumstances and state that you think they are not treating him fairly. I used the words 'retrospective claim' as the claim refers to circumstances in the past, not ongoing - that's all. The complains procedure can take a while to work its way through, however if the insurers are intractible you would have the right to take the case on his behalf to the FOS - it's free so there is no harm trying. Again I don't know the full cover provided under the policy - I am assuming is is just accident, sickness and unemployment, but some loan protection did extend to life/ critical illness. So sorry to hear about your brother. If the card was in his name the debt should 'die' with him. Get your sister in law to the CAB they will be able to help her. Good luck
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