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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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Having rashes on my leg, I consulted doctor in January of this

Customer Question

Having rashes on my leg, I consulted doctor in January of this year, there was no mention of me not being able to go on holiday abroad. In March of this year , I booked to go to Israel, paying £700 , for my air fair, with my Amex Platinum card ,which covers travel. In June my leg was bothering me, so I went to see my doctor, who said it had got much worse, and advised me not to travel. I cancelled my flights, and immediately contacted Amex. who passed me over to there insurance division, who wanted doctors certificate which I gave them, they now refuse to pay, because they are saying it was a pre condition. although explaining that when I booked, I was fine to travel. I have never made a claim in 40 years of being with Amex. Kind Regards XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Max Lowry replied 3 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

Did they ask questions in their application form that suggested you would need to tell them about your leg?

JACUSTOMER-cql0hzne- :

what application form.

Max Lowry :

Did you not apply for the travel or was it included without you needing to notify them of travel?

Max Lowry :

Some cards work a little differently to others.

JACUSTOMER-cql0hzne- :

All my travel is .covered by my platinum Amex card. I do not have to inform them of anything else.

Max Lowry :

Okay. And do you accept that the policy does exclude cover for pre-existing medical conditions?

JACUSTOMER-cql0hzne- :

I had never been informed of this when I used my card for travel, the doctor did not advise me in January not to go, as my leg was not causing any problem then, so I booked my flights in March. in June I went back to consult Doctor, who then advised me not to travel.

Max Lowry :

Okay. If they excluded pre-existing conditions in their policy wording, then you're not likely to be covered if the reason for not flying now was related in some way to that condition. I appreciate you were not told to avoid flying, but the insurer will get around this by referring back to their policy terms which will allow them to avoid cover.

Max Lowry :

However, you might want to consider complaining to the financial services ombudsman.

Max Lowry :

He can force them to cover you where it is "reasonable" to do this - he does not have to follow the law strictly.

Max Lowry :

Why poor service?

JACUSTOMER-cql0hzne- :

So I was about to consult ombudsman in the first place when iwas guided to your site! I don't think that advise was worth £33

Max Lowry :

What advice were you expecting? I can only give you an honest answer based on the legal position. I can't tell you that you will succeed if I don't think that you will.

Max Lowry :

What were you expecting me to be able to provide information on please, and if I can, I will?

JACUSTOMER-cql0hzne- :

but you have not said one way or another, what is the legal position, not a very good answer. So now I shall do what I wanted to do in the first place by speaking to the ombudsman.

Max Lowry :

How can I tell you one way or the other? I don't have your policy wording. Nobody can give you an answer without that.

Max Lowry :

In fairness, I think I've done the best I can on what I have to work with.

Max Lowry :

Are you able to at least rate the service "OK"?

Max Lowry :

Okay - then I wont invent an answer which could be wrong to placate you. I'll opt out.

Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

The answer you've had is correct and accurate and the only one available I'm afraid

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