Soltalk January 2018 - Page 30

Insurance Claims– Mortgage and Health claims Insurance company products and services are very important, particularly when you are not in your home country and might not understand all the implications of the various policy options. A good broker can help you, but sadly we have heard of a number of cases in recent years where companies are failing to honour policy pledges and this can lead to enormous stress at a time of ill health or bereavement. litigation is required. If the company is not fulfilling the conditions an order can be sought against them including a request that they pay your legal costs. There is an authority which can sanction insurance companies but in some cases the only recourse is to the courts, particularly as there is now far more consumer protection in Spain. In one recent example, a bank insurance protecting a mortgage holder was not paid out for more than two years, causing financial problems for the surviving spouse. We have also seen cases where a medical history was incorrectly assessed and a health policy did not pay out for vital treatment. For more information contact us on 952 527 014 or email info@decottalaw.net. De Cotta Law (De Cotta McKenna y Santafé) Mijas-Costa / Calahonda – Coín – Nerja – Tenerife Where the insurance is of low value or relates to an assessment of fault, it might not be possible to overturn a decision of the insurance company. However, if it does need to be challenged there are various options and a lawyer can assist with this. If you don’t have the policy document it is necessary to send a burofax to the company requesting sight of the policy and requesting payment. In some cases, the company has to be forced to enter the policy into court as a preliminary step if Nerja Office: Calle Diputación 11, 29780 Nerja Tel: +34 952 527 014 Fax: +34 952 523 428 www.decottalaw.com E-mail: nerja@decottalaw.net 28