No I have never told the insurance company that I will waive the excess.
When offering our services to the policy holder we ask them to sign our mandate for data protection services this mandate also says that they agree to me agreeing to a settlement offer and agree to me appointing my contractors to carry out the work. Our final invoice is sent to the insurance company who normally settle with me direct but less any excess amounts. This they say we can collect from the policy holder, however on most occasions I am quite happy to waive this excess as normally it is quite insignificant in comparison to the overall value of the claim. I always thought if I did not need the excess I had the option not to collect it. I am part of a Franchise and the franchisor is saying it is a legal requirement for the policy holder to make this payment, however I think this is because the franchisor is only trying to get its royalty payment from this and is just saying it is a legal requirement .
Thats fine thankyou. It has occurred to me that if the insurance company pay me less the excess then they have contra'd this amount and effectively have been paid the excess.
Thank you very much for your answer, however I still do not quite understand how the insurance company is being treated unfairly as they have collected the excess by deducting it from my settlement payment. I would think at that stage its up to me if I ask the policy holder to make up this shortfall or not.
I am normally trying to help the insurance companies policy holders who have very little money and really appreciate this gesture of goodwill.