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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My email address is - I am a Lloyd's Insurance Broker - I

Customer Question

Hello, My name is***** - my email address is***@******.*** - I am a Lloyd's Insurance Broker - I work in the City of London for a Lloyd's Broker - I am 67 years old - I have worked in the Lloyd's Insurance Market for 49 years - I live in Hove - the matter in focus is a private matter in which I am trying to help a friend in an insurance related dispute - in brief having bought her Home Insurance from a particular Insurer for around the past 8 years a claim situation arose following some storms in Brighton at the back end of 2015 / early 2016.
At that juncture the Insurer cancelled her Policy ab initio on the grounds that she had failed to advise them of her full claims history during the previous 5 years and on those grounds threw out the claim she was makng on her Policy - which had now been cancelled out of hand.
As they were her insurer during the whole of that period, they already had her full claims history on their files in probably greater detail than her own records.
Following the Insurer's Complaint procedure she still had not received a fair hearing nor acceptable treatment - so with the Insurer's full knowledge she went to the Financial Ombudsman in search of a fair resolution.
Their 'Final Decision' was not favourable and because it was based on incorrect information and a lack of understanding of the details of the case by the Ombudsman, the Policy Holder must now seek to sue the Insurer in the Small Claims Court.
The lack of reasonable help in this case is a shock even to me after all my time in the Insurance Market at a reasonably senior level.
The sums of money we are talking about are around £20,000 in respect of the storm damage repairs plus compensation which I reckon she is due now having had her character put in question - if she hasn't been defamed along the way I will be very surprised.
I wonder if this is a case appropriate for the Small Claims Court and what the correct procedure should be in order to take the matter further.
I will be grateful to receive your guidance and advice.
With my thanks and kind regards,
James Bowyer.
Submitted: 5 months ago.
Category: Law
Expert:  Ash replied 5 months ago.

Hello my name is ***** ***** I will help you with this.

Just to be clear the losses are £20,000?

Customer: replied 5 months ago.
At this stage I would prefer to receive a written response from you. I have never liked doing business on the telephone - in fact I just don't do it. Subject to the content of your written response I would prefer a face to face meeting for which I will be happy to pay the correct fee.I am looking forward to seeing your written response. Many thanks and kindest regards,James Bowyer.
Expert:  Ash replied 5 months ago.

Just to be clear the losses are £20,000?

Customer: replied 5 months ago.
but I am fairly sure we are now into the territory of considering compensation following some very poor behaviour by the Insurer and the Ombudsman quite honestly.James Bowyer
Expert:  Ash replied 5 months ago.

Ok - in that case it wont be a small claim, as those are limited to £10,000 or under.

You have 2 options:

1) Judicially review the decision of the Ombudsman

This is where the High Court examines the decision made to see whether it is legal and reasonable. A Court can either agree with the decision or send it back to the Ombudsman for further consideration.

More information on Judicial Review can be found here:

https://www.justice.gov.uk/downloads/courts/administrative-court/applying-for-judicial-review.pdf

2) County Court

You could issue proceedings which can be done online: www.moneyclaim.gov.uk or you can do this by using form N1:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf

Given the matter is for £20,000 then it would be a 'fast track' trial. This means that if for whatever reason the case is lost, not only would you be liable for your own costs, but those of the other side.

Can I clarify anything for you about this today please?

Customer: replied 5 months ago.
Thanks for that Ash - in your opinion what would you expect a Judicial Review might cost - I wont hold you t your answer - just to give me an idea of what to expect - this is not a huge file of papers - a Lawyer familiar with UK Insurance Law and practice would deal with this in an hour - maybe two.What do you reckon ?Looking forward to seeing your response. Many thanks and best wishes,James Bowyer.
Expert:  Ash replied 5 months ago.

Judicial Review if contested probably around £10,000. If you win, you can ask for those costs.

Does that clarify?

Customer: replied 5 months ago.
it does - Thank you Ash, you have been extremely helpful.I think that is all for now. I will discuss with the lady I am trying to help.Many thanks and kindest regards,James.
Expert:  Ash replied 5 months ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 5 months ago.
Done - thanks Ash and kindest regards,James.
Expert:  Ash replied 5 months ago.

Thanks James

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