Accidental Death Benefit Policies and Riding Motorcycle

This time a blog about a case brought to my attention by a dear friend, so very close to my heart. As the case has elements that I think could concern our members, and to support her in her fight for justice, I would like to draw your attention to the following.

My friend´s son contracted an Accidental Death Benefit Policy from Swinton Insurance in the UK, in 2010. At that time, he was not aware that the policy excluded riding or being a passenger on a motorcycle. He cancelled the policy in 2011 because, as motorcycles were his sole means of transport, the exclusion in the policy did not agree with his personal situation.

In 2012 he contacted Swinton again, by phone, to contract a new ADBP, suitable for motorriders. He also informed the sales person he spoke to that he was dyslexic. According to the Disability Act, Swinton had a duty to act on that and make extra sure the policy met the client´s needs, as he was not in a position to go through the policy himself, like a non-dyslexic person would be expected to do, before signing. Swinton did not and re-sold him the exact same policy, with the exclusions for motor riding.

Naturally, my friend would not be involved in a legal battle with Swinton, for mis-selling the 2012 policy and fraudulently taking monthly payments,  if her son would still be alive and the contracted policy could be corrected. He met with a fatal accident, while driving his motorcycle in April last year.

I sincerely doubt that Swinton is the only insurer selling ADBP´s with exclusions that clients might not be aware of. I therefore urge you to review your policy and make sure that it meets your needs and your family won´t get caught up in a legal battle, when all you wanted was to leave them with less worries, in case you met with a fatal accident.

And also, if you are dyslexic, or know someone who is, make use of the Disability Act that will oblige utility companies, insurers etc. to inform dyslexic clients about the content of contracts or any written communications in another way, verbally for example –  more suitable to their needs, as soon as they have been made aware that you are dyslexic.

Note: Swinton Insurance has been advised by my friend, in writing, about her intentions of broadcasting the events as described in this blog on the world wide web, that is why I did not feel the need to eliminate the insurer´s name from my blog.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.