When my husband died our life insurance company refused to pay our mortgage protection policy. I thought I had lost my husband and my home. Now I can rebuild my life, thanks to TMR Fitzsimons.
Our client PH almost suffered the terrible consequences of omitting details from an insurance application, even when you have answered all the questions correctly. Recovering from her husband’s sudden death, she was shocked when her mortgage protection company refused to pay out under the terms of its policy.
To her horror, the insurance company used medical records going back many years to argue that PH’s husband failed to disclose relevant medical treatment, even though he was not asked specific questions about these matters. We felt that the mortgage provider was in the wrong, focusing on a previous illness rather than the cause of death.
We were able to review the policy with an expert witness, who highlighted a real problem. In Ireland applicants for mortgage protection policies must volunteer information if it may be relevant. At this stage, our prospects of recovery did not look good.
Michael Fitzsimons says: “Although our prospects did not look good, we didn’t give up. We used the information gleaned from experts and barristers to focus on how we could best present the claim. We looked at the type of policy and we did a lot of background research on the health of typical policy holders, age groups and typical causes of death. We also closely examined the questions asked in the application and how the policy was provided. Finally, we focused on how the insurers had come to their decision. It’s this practical approach that won the day.”
TMR Fitzsimons made detailed submissions to the insurance company and persuaded them to pay out on the policy. We are delighted that we fought this battle and that we could take help PH as she rebuilds her life.
Click on a link below to find out more about our personal law services.