A legal query regarding a claim on travel insurance

[bendouch]

Hi

I wonder if anyone could give me some advice on a travel insurance claim I am making.

My girlfriend recently visited South Africa where she took part in a tour. During this tour the driver of her truck drove through a flooded road which resulted in the truck falling onto it's side. The participants of the tour had to be rescued by Red Cross helicopter and taken to safety. My girlfriend visited a doctor in South Africa and was diagnosed as suffering from Post Traumatic Stress. She phoned her insurance company who advised she could return home and her flights would be paid for. Now that we are attempting to claim the refund, the insurance company are unwilling to pay the claim and are referring to a general exclusion as follows: You are not covered for anything caused directly or indirectly by the following, unless you have contacted us and we have confirmed in writing that you will be covered - 7: any emotional or psychiatric disorder or condition. Are the insurance company right when they refuse to pay because her trip was curtailed early due to Post Traumatic Stress, which I presume they count as a emotional/psychiatric disorder? We are also asking for a full refund of the trip from the tour operator due to the negligence shown by the driver of the truck. Is this a realistic claim? The police in South Africa did not investigate the accident, and reported that it was just that; an accident. All but one of the tour participants will testify that the driver did not show due care when making the decision to cross the flooded road. We are currently tryingtoget the police to re-open the case.

Any advice would be greatly appreciated.

Many thanks.

Ben

[grizzleguts]

Hi Ben, was the quoted section 7 in the original terns and conditions?

[bendouch]

I believe it was in the original terms and conditions, which are available via the insurers website. So we cannot say that we did not know about it, but it is more about contesting their reference to it and whether it is relevant.

Thanks