Insurance claims – Mortgage and health claims

Filed under : Litigation

Insurance company products and services are very important, particularly when you are not in your home country and might not understand the implications of the various policy options. A good broker can help you but sadly we have heard of a number of cases in recent years where insurance companies are failing to honour policy pledges, and this can lead to enormous stress at a time of ill-health or bereavement.

In one recent example, a bank insurance to protect a mortgage holder was not paid out for more than two years, causing financial problems for the surviving spouse. We have also seen cases where a medical history was incorrectly assessed and a health policy did not pay out for vital treatment.

Where the insurance is of low value or relates to an assessment of fault, it might not be possible to overturn a decision of the insurance company. However, if it does need to be challenged there are various options and a lawyer can assist with this. If you don’t have the policy document it is necessary to send a burofax to the company requesting sight of the policy and requesting payment. In some cases the company has to be forced to disclose the full terms of the policy in court as a preliminary step if litigation is required. If the company are not fulfilling the conditions, an order can be sought against them, including a request that they pay your legal costs.

There is an authority which can sanction insurance companies but in some cases the only recourse is to the courts. The courts in Spain are now taking a much more supportive view of the rights of consumers, and claims are worthwhile where there is a clear breach of the obligations of the insurer.

For more information contact us on 952 527 014 or email on [email protected].