Case Studies

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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Title Year Case summary
Whatever floats your boat 2014

When joining a timeshare vacation club customers get 5 two-for-one cruise certificates. FSCL decides it is unreasonable for a club customer to expect to be able to use the certificates in 10 years’ time.

How total and permanent is total and permanent? 2014

You suffer an injury and are unable to return to your previous employment. Your work superannuation scheme provides for a total and permanent disability benefit. What do you need to do to claim a total and permanent disability benefit and does the superannuation scheme have to pay interest for the time you have been waiting for the benefit?

An expensive evening out 2013

Funds stolen from travel card account after PIN overseen and card stolen while enjoying an evening of wining and dining overseas

Funds stolen from travel card account 2014

While travelling overseas a thief stole a travel card withdrawing almost all the funds within 45 minutes. The travel card provider was not liable for the loss because it was most likely the card and PIN were in the wallet when it was stolen, in breach of the terms and conditions.

Stand down period leaves pet owner uninsured 2014

Sophie was caught out by the stand down period when she changed insurers. Under the policy wording the insurer had no obligation to pay for medical treatment because the clinical signs occurred during the stand down period.

Nippon complaints in the bud 2013

If you take a holiday on the side of an overseas work trip, is your overseas travel “work-related”?

A Chesty Problem 2013

If you cancel travel on advice from a doctor, will this mean there will be no cover under your insurance policy?

A reluctance to redeem 2013

The Complainant felt forced to seek legal advice after her financial adviser would not redeem her investments.

Insurance application form changed leaving customer underinsured 2014

Application form altered removing loss of use cover leaving Hamish underinsured after an accident

What happens when a KiwiSaver scheme retires before you do? 2014

Delay in winding up a KiwiSaver investment caused a loss