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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6445
Experience:  Solicitor
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My friend age 64 has stage 4 lung cancer when she took out

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My friend age 64 has stage 4 lung cancer when she took out her mortgage life insurance 8 years ago she had stopped smoking for 2 years. The advisor put her down as non smoker however she started smoking again but never told the insurer She was declined the policy payout and was only offered her premiums back
Gary Grant ***@******.***

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

What was the question asked?

Customer: replied 8 months ago.
My question is Alison was a smoker for 37 plus years prior to stopping smoking for 2 years at the time of the policy was taken out and told the advisor and he said I will put you down as non smoker . but since she took out the policy she started smoking again but never told the insurance company
They declined the payout and only offered her all the premiums she had paid BACK
Seems to me they are accepting some responsibility here by doing this
Where does she stand legally in this matter ?
Customer: replied 8 months ago.
My friend has stage 4 long cancer and is unable to speak to you

Alison needs to write and make a formal complaint. The insurance company will investigate the matter and report back.

If they do not uphold the complaint then Alison should go to the Financial Ombudsman. They offer a free, independent service and can investigate the matter at:

They can consider the complaint and decide whether or not to recommend they pay out.

That should resolve this.

Can I clarify anything for work you about this today please?

Customer: replied 8 months ago.
It was the insurance company advisor that put her as non smoker not Alison I would have thought that 37 years of smoking would class her as a smoker irespective whether she had stopped ?

Indeed. That is why you need to go through the complaints process and then Ombudsman.

In reality would the 2 years make a non smoker? The Ombudsman can decide.

Does that clarify?

Customer: replied 8 months ago.
How likely in your opinion would she be in the right As far as I know the insurance company have no records of the conversation ? I understand that everything is recorded ? Is this correct
Customer: replied 8 months ago.
Please supply a link address
So that we can go down this route of complaint
Is this obundsman free?

Yes. If you read my reply timed at 01:55 I mention it offers a free, independent service at:

But you can only go to the Ombudsman once you have a final response from the insurance company

Does that clarify?

No, not everything is recorded. There is no legal requirement which says that it has to be.

If it is recorded you are entitled to a copy under the Data Protection Act

Does that help?

Customer: replied 8 months ago.
Excellent thanks we will do what you advise
Bye then
Gary G
Customer: replied 8 months ago.
One final question is it possible for you to send these details via email ***@******.***

It stays in your account - you can come back to the question at any time.

All the best Gary. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. Thank you in advance and good luck!

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