Not upheld: Service failures generally complaint against Vitality Health Insurance Limited
Financial Ombudsman decision DRN-9099287 of 2016-07-20T00:00:00+00:00. Service failures generally complaint against Vitality Health Insurance Limited. Outcome: Not upheld.
Decision detail
| Reference | DRN-9099287 |
|---|---|
| Decision date | 2016-07-20T00:00:00+00:00 |
| Firm | Vitality Health Insurance Limited |
| Product | Other regulated product |
| Claim type | Service failures generally |
| Outcome | Not upheld |
| Remedy | None. The ombudsman did not require Vitality to pay anything further. Regarding the separate rewards issue, the ombudsman suggested Mr D send any unreimbursed receipts to Vitality for investigation. |
Summary
Mr D complained that Vitality Health Insurance Limited failed to cover the full cost of his counselling treatment under his employer's group private medical insurance policy. Mr D was initially referred to Vitality's partner service C, which authorised eight sessions at £120 each. When C incorrectly stated no further sessions could be authorised, Mr D arranged self-pay treatment at £45 per session and asked Vitality to reimburse him. Vitality approved eight further sessions based on incorrect information from Mr D about how many sessions he had already received, which caused him to exceed his £1,000 annual limit. The ombudsman found that while Vitality should have verified the information against its records, Mr D benefited from the error and was not entitled to further payment. The ombudsman also rejected Mr D's complaint about the referral to C, finding it reasonable given that counselling is not covered under the policy.
The Ombudsman's reasoning
The ombudsman found that both parties were at fault. Mr D provided incorrect information about the number of sessions he had received through C and had responsibility to stay within his limit. However, Vitality could have verified the information by checking its records of payments to C and would have discovered that authorising eight further sessions would exceed the limit. Despite these errors by Vitality, Mr D benefited from them by receiving more sessions than his remaining limit would have allowed, so no further payment was warranted. Regarding the referral to C, the ombudsman found this was reasonable as counselling is not covered under the policy and was only provided as a concession through C.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| Vitality Health Insurance Limited, all decisions | 15 | 30% |
| Service failures generally, all decisions | 32,767 | 33% |
| Other regulated product, all decisions | 51,105 | 30% |
Source
Read the original decision on the Financial Ombudsman Service website