Insurance Refund

Lon.C

My father held multiple work place injury insurance policies. He has been retired a number of years now, but the premiums have still been taken through direct debit over these years to the tune of €10,000.
It has only come to our attention recently. Would he have a case to claim a refund as he has not been working and could not claim from any of these policies.

coylemj

It's unlikely that he could get a refund. The insurance company's attitude would probably be that he could have worked part-time at any stage and that cover would still have applied.

GerardKeating

Lon.C wrote: »

My father held multiple work place injury insurance policies. He has been retired a number of years now, but the premiums have still been taken through direct debit over these years to the tune of €10,000.
It has only come to our attention recently. Would he have a case to claim a refund as he has not been working and could not claim from any of these policies.

Any advice appreciated.

Did you father ever notify them of his retirement?

Lon.C

GerardKeating wrote: »

Did you father ever notify them of his retirement?

No, he didn't know the policies were ongoing. I have taken charge of finances recently and noticed the direct debits.

Victor

Lon.C wrote: »

No, he didn't know the policies were ongoing. I have taken charge of finances recently and noticed the direct debits.

Might it be argued that the insurance company was taking advantage of an older person?

davo10

Victor wrote: »

Might it be argued that the insurance company was taking advantage of an older person?

How? If they weren't informed that the insured person is no longer working.

Victor

davo10 wrote: »

How? If they weren't informed that the insured person is no longer working.

I'm quite sure the insurance company knows the insured's age. Insurance companies are very good at that.

ohnonotgmail

Victor wrote: »

I'm quite sure the insurance company knows the insured's age. Insurance companies are very good at that.

not everybody retires at the same age. I think its a bit of a leap to say he was taken advantage of.

NUTLEY BOY

Not legal advice - just a view on the principles that arise.

I would be interested to know if your father could have made a claim under any of the policies in question ? i.e. if he was injured would he have been entitled to make a claim under the policies ?

If the answer is in the negative it occurs to me that there cannot be a proper contract in place any longer once your father retired.

The contract cannot be operated if your father was not capable of making a valid claim under the policies. Therefore, as a mater of contract the insurers have taken contractual consideration (premiums) in return for a contractual consideration (indemnity in respect of certain events) that might not have been capable of being provided.

Alternatively, if there was a possibility that your father could still have claimed under the policies it would seem that the elements of a valid and binding contract might well be in place.

My inclination would be to make a formal request for the return of the premiums on the grounds of a failure of consideration based on the idea that no indemnity was capable of being provided and that the insurers were taking consideration by way of unjust enrichment.

If your father had the policies directly with the insurers (in his own name as distinct from being an insured person in a group scheme) he should be able to resort to a complaint to the Financial Services Ombudsman's Bureau. BTW I think that the FSOB might be limited to dealing with complaints arising within six years of the commencement of the alleged problem irrespective of knowledge. You should check that with them. FSOB link https://www.financialombudsman.ie/

Carawaystick

Don't insurance companies have to provide a suitablility statement with policies? I'm sure I get them with most of my policies. See if you can get the statements.

GerardKeating

davo10 wrote: »

How? If they weren't informed that the insured person is no longer working.

They must know the insured dob and age to calculate the premium,

It would be interesting to know if the terms of the policy excluded persons above a certain age, or required medical reports for clients above a certain age.

if the OP's father is above this age, the policy is invalid and no claim is possible, which might make a refund easier to claim

Kristopherus

The OP should make a claim, in any case, based on the advice here. He should, however, exhaust all efforts with the insurance providers before going to the Financial Ombudsman.

JimsAlterEgo

were there any policy documents received in the timeframe since he retired

MarkAnthony

Lon.C wrote: »

My father held multiple work place injury insurance policies. He has been retired a number of years now, but the premiums have still been taken through direct debit over these years to the tune of €10,000.
It has only come to our attention recently. Would he have a case to claim a refund as he has not been working and could not claim from any of these policies.

I've a radical suggestion, have you tried asking?

Lon.C

MarkAnthony wrote: »

I've a radical suggestion, have you tried asking?

Of course I've asked for a refund. The insurer has said that it was up to my father to cancel the policy on retirement.
I was just checking if there was any recourse available. I am going to request their terms & conditions (as suggested above) to see if my father was covered after his retirement age.
If he is not working he cannot make a work place injury claim, therefore would the policies be valid?

MarkAnthony

Given the amount involved it might be worth running it by a solicitor.

Most companies would have trigger criteria such as 'solicitor involved' when they are actually involved. No idea if that works in a regulated industry though.

davo10

GerardKeating wrote: »

They must know the insured dob and age to calculate the premium,

It would be interesting to know if the terms of the policy excluded persons above a certain age, or required medical reports for clients above a certain age.

if the OP's father is above this age, the policy is invalid and no claim is possible, which might make a refund easier to claim

Ok, let's say for arguments sake the policy holder does not retire at 65, but the insurer informs him that the policy is being cancelled and refuses to provide continuing cover, would that be discrimination based on age?

Whether or not they were right to continue to provide cover, the insured should inform the insurer the day they retire and stop cover. Why blame the company for something the ops father should have done?

I heard something similar to this on Today FM, a listener asked their consumer rights expert if she was due a refund on his car insurance, she had sold the car some months previously but had neglected to inform the insurer. The advice given was that the cover was still being provided as per the T&Cs by the insurer and the listener should have informed the insurer that her circumstances had changed. But no refund, the insurance was being provided, the insured just wasn't availing of it.