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    • "These are certainly not the persuasive decisions that this Claimant may suggest." Well worded.   I would add that as VCS have been  active in Airports over the years  that one would  expect they would be familiar with the Airports Act which would call into question the accuracy of their WS.   By questioning their WS you are hoping that VCS might decide not to turn up in Court [giving you a walkover] as they might not want the Judge looking closely at their WS. Also it would not be good for them should you win your case based on the Airports Act as it will have other Courts  kicking out other Airport cases hitting them in the pocket.    
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    • Thank you, @lookinforinfo. I have updated the VCS v Ward case as below:   VCS v Ward     1.       This case is often quoted by the claimant as assisting their case. However, in this instance it actually assists mine. It is contended that the act of stopping a vehicle does not amount to parking. This predatory operation pays no regard to the byelaws at all. It is likely that this Claimant may try to rely upon two 'trophy case' wins, namely VCS v Crutchley and/or VCS v Ward, neither of which were at an Airport location, which is not 'relevant land'. The airport land is subject to the Airport Byelaws as specified in 'Section 63' of the Airports Act 1986 [EXHIBIT A]. Both cases involve flawed reasoning, and the Courts were wrongly steered by this Claimant's representative; there are worrying errors in law within those cases, such as an irrelevant reliance upon the completely different Supreme Court case. These are certainly not the persuasive decisions that this Claimant may suggest.   63 Airport byelaws. (2) Any such byelaws may, in particular, include byelaws— (d) for regulating vehicular traffic anywhere within the airport, except on roads within the airport to which the road traffic enactments apply, and in particular (with that exception) for imposing speed limits on vehicles within the airport and for restricting or regulating the parking of vehicles or their use for any purpose or in any manner specified in the byelaws;
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Group Income Protection through employer and FOS recourse


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First of all, thanks all for contributing to this forum, your time and efforts are highly appreciated!

 

I have received a Final Decision (rejection) from my employer's Group Income Protection insurance (UNUM)

I have asked my employer to appeal UNUM's decision through the FOS (as I am not the policyholder) but they have declined to do so and refused to send me a copy of their T&C with UNUM.

I am still off sick with bipolar and anxiety disorder and my claim is roughly around 16k£

 

Any suggestions? I feel like my only recourse at this point is against my employer

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Hi and welcome to CAG - Have you tried making a claim direct against UNUM? What did they say?

 

The FOS discusses this issue on their website: http://www.financial-ombudsman.org.uk/publications/ombudsman-news/32/ins-issues-32.htm. That link suggests to me that the FOS would take jurisdiction over a complaint bought by you personally in a case like this, as you are surely the beneficiary of the policy.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Here is the example from the FOS website:

 

32/10

group PHI policy - whether case within jurisdiction - employer was policyholder - whether employee an "eligible complainant"

 

Mr H worked at GJ Ltd, a large supermarket that offered private health insurance to its staff. After a period of ill health, Mr H put in a claim to the insurance firm. When the firm refused to pay, Mr H referred his complaint to us.

 

complaint within our jurisdiction

The firm argued that the complaint was not one we could deal with because neither GJ Ltd nor Mr H were eligible complainants; GJ Ltd because it was a commercial customer with an annual turnover of over £1million, and Mr H because the policyholder was GJ Ltd, not him.

 

We found that the complaint was within our jurisdiction. It was true that, because of its size, GJ Ltd was not an eligible complainant. However, Mr H was. Under the rules (DISP 2.4.12R), we were able to look at this complaint because " ... the complainant [was] a person for whose benefit a contract of insurance was taken out or was intended to be taken out".

 

It was clear that the policy was taken out for the benefit of GJ Ltd's employees, including Mr H. For the complaint to be within our jurisdiction, it was not necessary for Mr H to be the only person to benefit from the policy. The fact that the employer also benefited was immaterial.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Amazing steampowered thanks for your help! I missed that in my googling. I am emerging from a long period of time where everything seemed so overwhelming. Am onto it (and several other problems that accumulated)

Again thanks

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Thank you for that.

 

Have you been given copies of the policy documents, Unum's dispute procedure and precise confirmation in writing of why the claim was declined please?

 

HB

Illegitimi non carborundum

 

 

 

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There is no list of covered and not covered conditions.

The only bit that refers to it is:

 

Definition of incapacity

this is the definition which we assess the claim against

the two most common definitions of incapacity are explained below

 

own occupation

you are unable to perform the duties of your usual occupation due to illness or injury. These are the duties that you need to do to effectively carry out your occupation that cannot be cahnged or removed

any suited occupation

You are unable to perform the duties required of an occupation that you are suited to in terms of your training, past experience or education due to illness or injury.

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My brother currently has issues with income protection (another thread). His insurance's definition of incapacity was "if you are unable to perform material and substantial duties of your role"

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