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James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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My insurance policy has not been reinstated after receipt of

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My insurance policy has not been reinstated after receipt of a medical report. I am healthy andthere are no particular health issues. I am 54. how can I get information about why they are not reinstating?

Why was it cancelled?
Customer: replied 5 years ago.

Banking problems. My bank didn't pay a direct debit which then meant it automatically cancelled the Direct diebit. I realised two months later and send payment by cheque for the missed amounts on my three policies. they then asked for new DD forms. for some reason they did not receive these. I then again ended up sending two more months worth of premiums They said they would not credit them to my account until they had all the paper work...I rang them and kept asking what was required to reinstate the policies. They said new direct debit forms and now a delcaration of health. After my letter of complaint saying that they had kept moving the goal posts and had not made matters clear and their response, saying that once they had all the papers (ie. cheques, direct debit forms and a medical declaration) they would reinstate. Once they had all of this they then said, no they now wanted a medical report. (bearing in mind the med declarationw as no different from one I had sent two years previously). I had a medical exam in early December, which was very good according to my doctor who said I was looking 10 years younger then an average 54 year old. I was told yesterday, over the phone that they would not reinstate my policy (I have three and owing to a computer error do not know if they have cancelled all three or just the main one).


I have not received the letter from them yet and have no idea why they might have cancelled it. I have held this policy since 1994 and am wondering if its to do with general economics and my age?


When I have more in writing it may become clearer but it is very distressing as I have paid into this policy for 18 years and now when I need it as I am getting older ...they have decided to withdraw. This isnot the first time I have heard about insurance companies doing this and am determined to fight this to the end.

Is this is a health care insurance policy?
My colleague has asked me to look at this as it is more my area.

Can you tell me please what cover do yoou get with the 3 policies?

Customer: replied 5 years ago.

I have now received information from the insurers. They are prepared to re-instate my two life policies but the third one taken out in 1994 includes critical illness. I have been diagnosed with mild ocular hyper tension and they have decided that this is cause for exclusion. (Apparantlyreinstatment can only happen on the same underwriting terms that were offered when the policy commended in 1994)




1. Is ocular hypertension so sever that it counts as a critical illness in which case could I claim.

2. Can I expect to get back all the premiums or whatever the policy is now worth (I imagine something after 18 years)

3, Would it be worth getting my consultant to write? as I understand mine is very mild and caught in good time so no possibility of damage etc)



Which insurance co is it?
Customer: replied 5 years ago.

It started as Barclays Life but was taken over by ReAssure (!!!) a couple of years ago.

Thank you.

I don't know of
any particular problems with the company having particularly stringent
underwriting, which is why I asked who it was.

I was 15 years
working for a life insurance company before I joined the legal profession, so I
have just a little experience of this.

In your initial
post you said that there was no particular health issue.

Presumably you
filter the medical declaration in (certificate of continuing good health),
which said that your health was no different now than when you took the policy

If that is the
case and you now have any hypertension, they would certainly have asked for
either a medical or your GP to fill in a questionnaire. Based upon what is in
the questionnaire they take a decision to either take the policy on or not.
Whilst this may not have been a problem in 1994 when you were 35, it becomes a
much bigger problem when you are 54. Indeed, I do not know whether they would
have taken you want with exactly the same problem at 35 because I do not know
whether you had the problem then or not.

They are not
actually under any obligation to take you on even if you were squeakyclean.

The policy appears
to have lapsed through non-payment of
premiums and as such, it is only reinstated on the same terms as the original
policy and if things have changed even slightly (and in fact, even if things I
have not changed at all) they are under no duty to reinstate the policy.

On these facts, it
appears to be simply an underwriting decision on the basis that 19 years later,
you have a problem which you did not have when you applied for the policy 19
years ago.

It is also
significant that they have reinstated the life-insurance policies, but not the
ones for critical illness. The reason is that the underwriting criteria.
Because of the risk involved with critical illness cover, is extremely strict
and basically if you've got anything more than a cough or cold, you are lucky
to get cover at all, even from outset.

With regard to
your numbered questions, I am afraid that you would need to speak to a medical
expert Dr with regard to 1.

2 . You have had
the benefit of cover for 19 years and therefore those premiums have paid for
that cover for that time and you were not entitled to the premiums back. I don't
know whether the policy has a surrender value or not, but if it does have any
surrender/investment element that would be maintained. It would be unusual for
a critical illness policy to have an investment element, but I do not know
every product from every provider and my market intelligence is rusty, to say
the least.

3 . There is no
harm whatsoever in getting your consultant to write. If you have not done
already, it would be worthwhile speaking to whoever filled the medical
certificate in to find out whether, in their opinion, this would lead to being
declined for critical illness cover.

I appreciate that
not of this is probably the answer you wanted, but based upon the fact you have
given me that is how I see this and there is no point in me misleading you

Can I help further?

Meanwhile, please
bear with me today because I will be online and off-line all day.

The next part is
really important for me:

Please don't
forget to positively rate my

answer service (even if it was not what you wanted to hear) and I will follow

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The thread remains open. Thanks

James Mather,
Category: Law
Satisfied Customers: 22629
Experience: Senior Partner at Berkson Wallace
James Mather and other Law Specialists are ready to help you
Customer: replied 5 years ago.

Thank you for your help. This is very valuable.

I am glad to help. I just wish I could make it more positive. At least now you know the reasoning behind it.