Not upheld: claim handling delays, failure to provide guarantee of payment for funeral costs, data protection breach, service failures complaint against Euroins AD

Decision detail

Summary

The estate of the late Mr A complained that Euroins AD handled his travel insurance claim unfairly, causing delays in treatment and his funeral, and causing distress to his daughter Mrs M. The late Mr A was admitted to hospital abroad in March 2023 and passed away from acute coronary artery disease three weeks later. Euroins acknowledged some service failures including delays in obtaining medical reports, failure to issue a guarantee of payment for funeral costs, and a data protection breach. The ombudsman found that delays in obtaining medical reports were largely caused by the treating hospital's failure to respond, not Euroins, and that the transfer was arranged as soon as it was safely possible. The ombudsman also found that Mrs M, as a non-insured party, was not an eligible consumer for personal complaint elements and that an estate cannot suffer distress. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman found that whilst Euroins acknowledged some service failures, the primary delays in obtaining medical reports were caused by the treating hospital's failure to respond promptly, not by Euroins' actions. The insurer made reasonable attempts to gather information through its instructed agent and arranged the transfer as soon as it was safe to do so based on available medical information. The ombudsman also determined that Mrs M, as a non-insured party, was not an eligible consumer and therefore personal complaint elements affecting her could not be considered. An estate, being a legal entity rather than a natural person, cannot suffer distress and therefore cannot receive compensation for distress on that basis.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website