Case Studies | Financial Services Complaints Ltd

Our case notes show how we deal with the many different issues that arise in our case investigations. The case notes aim to provide consumers and participants with guidance as to the approach we are likely to take in a particular type of case or highlight some of the many different ways in which a complaint can be resolved.

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Case Notes Category

Title	Year	Case summary
Are volcanic eruptions an unforeseeable event?	2018	Jamie and Rose were travelling in Bali. Following media reports of a volcanic eruption, they returned to New Zealand. Their travel insurer declined their claim for costs, noting they had left due to their own personal choice. Jamie and Rose disagreed.
A devil’s deal	2018	Tony bought a car with finance. The car was repossessed and sold to pay his loan. Tony was surprised to learn that the finance company had also registered an interest on his second car which was not part of the loan agreement. Tony complained to FSCL asking the finance company to remove their interest.
Cracked driveway	2018	Tom had a large crack in his driveway that he wanted his insurance company to pay the repairs for. The insurer declined Tom’s claim based on the cause of damage. Tom felt that insurer had not properly assessed the cause of damage before making their decision and complained to FSCL.
Saving grace	2018	Ravi is ill and unable to live within his means, but he’s not 65. Can he access his KiwiSaver money early?
Falling between the cracks	2018	What happens when two brokers are involved, one made the mistake but the other broker renewed an insurance policy without checking the policy was appropriate for the client’s needs
Biting off more than one can chew	2018	Pam wanted her travel insurance to pay for her husband’s dental treatment overseas. The insurer declined to pay costs that did not relate to emergency dental treatment. Pam complained this was unfair as the dental costs arose as a result of her husband’s tooth injury.
Fast and Spurious	2018	Jax bought a motorcycle but did not tell his insurers that he did not have a motorbike licence. The motorbike was stolen from his garage. The insurer declined to compensate Jax for his loss.
Heart surgery and travel do not mix	2018	Hari suffered complications during heart surgery requiring him to cancel his overseas travel to China. The insurer declined to pay for the cancellation costs noting Hari’s heart condition was a pre-existing medical condition and his inability to travel after surgery was a foreseeable event. Was the insurer unfair in declining Hari’s claim as his doctor had cleared him for travel?
An expensive heartache	2018	Roger suffered complications during heart surgery requiring him to cancel his overseas travel. The insurer declined to pay for the cancellation costs noting Roger’s heart condition was a pre-existing medical condition. Roger complained that this was unfair.
Eating is an emergency	2018	Veronica lost her dentures on her return flight and needed her dentures to eat. She made a claim under the emergency dental section of her travel insurance policy but was turned down by the insurer.

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