Problems re: Holiday Refund due to Illness

Kent Brockman

I booked & paid for a holiday mid January.
My wife had an exploratory laparoscopy at start of feb. (Day procedure).
There was post op infections which resulted in a 9-day stay in hospital on IV anitibiotics before being discharged.

Mid April my wife was diagnosed with a brain tumour and also another growth on her brain. Due to headaches and stress my wife became depressed and was unable to travel and so we cancelled our holiday which was scheduled for 22nd May, giving them 1mths notice.

Insurance company requested 3yrs medical history and have declined to refund ANY of our money (€1,700) stating:

"It is a condition of this policy that you will not be covered under Section A - Cancellation or Curtailment Charges...for any claims arising directly or indirectly from:
....At the time of taking out this policy: any medical condition for which you or a close relative or a travelling companion are on a waiting list for or have the knowledge or need for surgery, treatment or investigation at a hospital, clinic or nursing home".
Unfortunately from the information you have provided it would appear that this exclusion applies. We note that the policy was incepted on 23/01/13 and as you were on a waiting list for a laparoscopy at this time it would appear that the above exclusion applies.

The reason for cancelling the holiday was due to the diagnosis of a brain tumour mid April which resulted in depression. Nothing to do with the laparoscopy.

My options:
1. Send Letter to appeal the case
2. Legal Advice/Small Claims Court
3. Approach Ray D'Arcy/Joe Duffy Show or something similar
4. Create a social media **** storm

Anyone got any similar experiences/outcomes? Interested to hear opinions before deciding my next step.

Thanks

Bepolite

Kent Brockman wrote: »

My options:
1. Send Letter to appeal the case
2. Legal Advice/Small Claims Court
3. Approach Ray D'Arcy/Joe Duffy Show or something similar
4. Create a social media **** storm

Anyone got any similar experiences/outcomes? Interested to hear opinions before deciding my next step.

Thanks

1. Seems sensible
2. Seems sensible
3. /sigh
4. Seen this done successfully once and once only:

http://youtu.be/5YGc4zOqozo

I'd suggest 1 or 2. 3 or 4 could back you/them into a corner. Even the guy who was successful in 4 didn't/couldn't accept a solution ultimately. That said he did make thousands out of speaking/books etc. which underscores how limp wristed social media **** storms usually are.

Kent Brockman

Thanks Bepolite,
1 & 2 are the obvious choices alright.

Option 4 would be an absolute last resort if all else fails, but could gain a lot of support due to the circumstances.

Has anyone ever got their money back, or know of anyone who did in a similar situation? Hope I'm not wasting my time but they can't keep my money (wherever it is now )

ABajaninCork

Send a registered letter to the insurance asking that they look at the case again. Then approach the Ombudsman if all else fails.

Kent Brockman

ABajaninCork wrote: »

Send a registered letter to the insurance asking that they look at the case again. Then approach the Ombudsman if all else fails.[/QUOT

Would you recommend I just state my case in this letter and see how they react or should I also add that I am prepared to go to the small courts?

Pro Hoc Vice

Kent Brockman wrote: »

ABajaninCork wrote: »

Send a registered letter to the insurance asking that they look at the case again. Then approach the Ombudsman if all else fails.[/QUOT

Would you recommend I just state my case in this letter and see how they react or should I also add that I am prepared to go to the small courts?

Check your contract of insurance to make sure there is no arbitration clause.

ABajaninCork

IANAL; but I'd start by referring to their previous correspondence, and state your case, asking them to revisit their decision. I wouldn't be making any mention of further action as yet. I'd wait for their response.

SeventySix

My mother cancelled a holiday as my father had been diagnosed with cancer shortly after she booked. He wasnt travelling but she could no longer travel herself as he was very ill and needed 24 care.

The company rejected her claim when first submitted. I drafted an appeal letter for her (as she was too stressed to give it much time), highlighting the doctors report that my father needed care, and that he was only diagnosed after the booking was made. They subsequently paid out in full.

I would say to try the appeal first.

I hope your wife is recovering and ye get your holiday soon.

schemingbohemia

The problem you will find is that most insurance companies (and their medical advisors) will not regard depression as a reason for not travelling as they view it as not being a physical inability to travel.

Perhaps aware might have some advice on this? http://www.aware.ie/

Was the Insurance in place at the time of the booking?

Kent Brockman

schemingbohemia wrote: »

The problem you will find is that most insurance companies (and their medical advisors) will not regard depression as a reason for not travelling as they view it as not being a physical inability to travel.

Perhaps aware might have some advice on this? http://www.aware.ie/

Was the Insurance in place at the time of the booking?

I didn't give the full details in the 1st post. There was a lot more symptoms (including severe headaches, earaches, stiff neck & back pain etc.) which lead to investigations & finally the diagnosis of the Tumor & also significant damage to her back and neck. Depression was a result of relentless pain (as well as the stress/anxiety/worry involved)

The insurance policy was taken out when the holiday was booked & my wife was in full health as far as we were aware & there is no doctor in the world who will tell you that a routine laporoscope will cause a brain tumor-no matter what the complications.
The booking was over the phone & as we cancelled via email a month prior to departure date, never received any documentation (e.g. Tickets, Insurance policy).

We have already sent them a letter from the top neurosurgeon in Ireland stating that he supports our claim for a refund and that my wifes' symptoms are genuine.

Very annoying situation