13:55 PM, 19th September 2016, About 6 years ago 8
I am looking for a good solicitor to take on an argument with PI insurers.
In brief, I have a Professional indemnity policy for legal expenses with them. During the latter part of last year, we had reason to submit a claim based on an employment tribunal issue. We submitted the claim via our broker and they advised the insurance company, who in turn after speaking with me and asking the usual questions went ahead and appointed solicitors, in Manchester to defend the claim. So far so good.
After some initial enquiries and questions from the Solicitors, we received the client care letter, in which they pointed out that as this was a merits based policy, which basically means that if they believe there is less than a 51% chance of success they will withdraw! I hope I have your interest now because this is a disgrace and as good a case of miss-selling as any bank is, or has been facing. I did of course argue, that as I had paid 100% premium I would expect more than 51% support and that nowhere in my plain English speaking policy does it refer to such a clause and had it done so I may not have bought it, But then again, nor would anyone else?
However, after a couple of months the solicitors send a letter and email saying the inevitable. We don’t think, given the evidence, that there is better than a 51% chance of success if this goes to a full tribunal so “ we are out” no warning, no argument, no discussion. simply pushed off out to sea and abandoned with nowhere to turn!!!
I contacted the solicitors and argued that in my opinion they, their legal exec in fact who had been left to defend this case had made several errors and misinterpreted and misread some of the vital points (as an aside within the next day or so I got an email saying she had now left the company). After a long and heated discussion they agreed and accepted that I should have been advised of the ‘Tier system’ regarding settlement and as I had not they would go back on record and seek to negotiate the same.
After some toing and throwing we agreed on a figure in July 2016 and were given 21 days to pay which we did.
In my insurance contract it says:-
“Insured incidents we will cover
1. Employment disputes and compensation awards”
I have submitted the settlement agreement to the insurers arranged by their appointed representative, but they have refused to honour the contract. I have submitted my complaint to the FSO but have no faith in that process as “pee and pot” come to mind, I am now looking for a Solicitor to assist me in this matter and right this unbelievable miss-selling scandal.
Miss-selling Act, Unfair terms Act, and Plain English contracts. Breach of contract and so on I am sure.
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