AVIVA points to policy formulation as a reader asks us to watch a loophole ' ugly '. Photo: Ben Stansall/AFP/Getty ImagesAfter the complete and honest disclosure of medical history of our daughter, we took out travel insurance with Aviva.
Unfortunately, she was taken ill and hospitalized two days before we were due to leave. I called Aviva to notify them that there would be no traveling and, following the instructions, please send the necessary documents to make a claim.
Our request was rejected on the grounds that, as our policy was due to begin on 27 November, our call on 25 November was not a valid complaint.
Although Aviva is correct on the formulation of policy, this seems to be a loophole really ugly and one that I can't believe that is deemed fair.JO, Twickenham
Like many other people, quite reasonably started your insurance policy from the date of your planned journey. However, Aviva rejected the complaint on the basis that the trip had been cancelled before the insurance policy had come into force, which meant that there was no coverage for cancellation.
We asked the Financial Ombudsman Service (FOS) this as, surely, that must be something catching out lots of other tourists.
In fact, the FOS says that this is a relatively common cause for controversy – and we can see why. The FOS says that if a claim is valid is reduced to as clearly the consequences of the insured did not have a beginning earlier have been explained at the time that the policy was taken out.
This is the case, they say, if you bought the phone or online. If the insurer can prove that the consequences of not taking the previous policy has been explained to you, and that were, or should be, aware of these, it would be unlikely that the claim would be successful.
AVIVA has listened to telephone conversations you've had with it when he took out the policy. It says that you have been asked when it wanted insurance coverage to begin and said the 27 November. They still hadn't booked the trip, but that was when you plan to fly. Then went on to ask if you could start the previous policy if you change your departure date – and you also mentioned previous cancellation.
You were told that you could start sooner, but that's when they decided to stick with the date until you were sure of your departure date.
You claim to not make it clear that Aviva enough for you the consequences do not change your date of politics to reflect the eventual cancellation due to illness. But, because we discussed this idea with its operator and decided not to change the start date of the policy, even after they were confirmed for flights, we do not believe that you have a valid case against Aviva.
One of the advantages of buying an annual travel insurance policy is that it eliminates this problem. You plan to take your case to the FOS for its conclusions.
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