ASH CLOUD: EuropAssistance 0, Financial Ombudsman 300

A question about : ASH CLOUD: EuropAssistance 0, Financial Ombudsman 300

The case in the High Court, where EuropAssistance tried to challenge the findings of the Financial Ombudsman and wriggle out of paying people stranded in the Ash Cloud in April 2010, has been heard.

EUROP ASSISTANCE LOST THE CASE!!

https://www.bbc.co.uk/news/business-16843255

So now the very patient 300 or so people whose claims and complaints to the Financial Ombudsman were 'on hold' for nearly 2 years should receive an offer to settle their claims from EuropAssistance this month. I have a letter confirming this from the FO as those 'patient 300' include our family - yay, at last!!

That will mean it's just the Airline to cough up what they owe us now, that's another separate case still in progress towards Court - but that's another story...

Best answers:

• keep going, good to see the EU been their useful help as always so vocal at the beginning nothing since.
• Thanks, after nearly 2 years we ARE keeping going with this claim (both from the insurer and the airline as it's 2 different legalities entirely)!
  I should add that this High Court decision could mean that anyone who had their travel insurance with Europ Assistance or a different company who knocked them back when they asked about claiming over the Ash Cloud, could now try a FO complaint if they now re-approach the insurer armed with this decision. I don't think it's too late if you act now that this decision has been publicised.
  I believe you have to go to the FO within 6 months of the company's 'final decision' re a complaint you make to them; importantly NOT wthin 6 months of your FIRST contact over an issue. So if you were knocked back and didn't actually claim because your insurer said it was an 'Act of God' or some such codswallop like we were fobbed off with, write and complain to them now with a copy of this linked article.
  Make it clear that you would have continued with a claim if their staff member had not refused your enquiry. When they reply saying 'tough it's too late and you should have completed a claim form with xx weeks', then respond and ask if they can confirm that is their final answer as you beg to differ and will be referring your complaint to the FO. Companies hate that as it costs them hundreds but costs you nothing even if you don't win!
  I bet there are loads of people who found obstacles put in their way when trying to claim from their travel insurer at first after this issue, due to the immediate stance of refusal most companies started out with.
• I've just received from the FO the successful outcome of the action against this travel insurance company so have signed the FO form. It shows that being persistent pays off. I think it also proves that the FO does stick up for justifiable claims.
• Yes I got my settlement cheque now from EuropAssistance. Nice that they had to pay 8% interest on top but their letter gives no apology for the delay in settling (nearly 2 years!!).
  I wonder how many people didn't persist? We were owed over Ј1000 so I was never going to just let them get away with their dismissive replies.
  We will never ever use EuropAssistance again for travel insurance.
• Has anyone had any success with Insureandgo? We had a policy with them at the time. Same underwriter (Europ Assistance)
  Thanks,
• Sorry never saw your post until now!
  Well did you claim at the time? If you didn't you may be stuffed unless you tried to claim and they refused to send you claim forms.
  If you claimed but it was refused, did you complain in writing, at the time? Did you get responses?
  Did you refer the matter to the Financial Ombudsman like we did - which you have to do within 6 months of the company's final response.
  If you did claim but they rejected it and you never followed it up as far as a formal complaint, I would say you could write a complaint letter now citing the recent new information, i.e. the fact that in March EuropAssistance were told by a Court that they had had to pay out after all. Write and demand a settlement (state the amount plus interest at 8% or you will go to the Ombudsman). If you then get an unsatisfactory response to your complaint you could then refer it to the FO.
  TBH you have nothing to lose and everything to gain because all you will be spending is a bit of time on the letters and a few stamps. No cost to you apart from that so it's a no-brainer as long as you tried to make a claim at the time.
  Whereas Insure&Go have more to lose - not only have EA been told they should have settled these claims, but a referral to the FO costs a company hundreds of pounds whether they win or lose.