Just before they left on holiday, Vinnie* had to postpone his trip, as his father Roger* (who had bowel cancer and renal failure) fell out of bed, was admitted to hospital, and unfortunately died.
Vinine and his wife claimed for the non-refundable accommodation costs, due to their cancelled plans. This was declined under the pre-existing condition exclusion.
Under the policy, a waiver could be granted to a protentional exclusion where someone’s condition was stable. Vinnie provided proof from Roger’s oncologist that Roger’s condition was stable and there was no reason to believe he would decline during their holiday and that they had asked about this prior to booking their trip. The insurer provided no contrary evidence, so the waiver applied, and the claim was paid.
Complaint upheld.
*Names have been changed.