Permanent Health Insurance: Contractual Clauses and Disputes

We are experienced in the drafting of permanent health insurance clauses on any review of a service agreement.

It is a key benefit which can be frequently undermined by the drafting of the contract, and we can advise on the risks arising and extent to which the effect of the benefit is undermined by the contract and suggest appropriate amendments.

When in receipt of such benefits, the underlying insurer will undertake regular reviews of the entitlements and on occasions may withdraw cover on the basis of a medical assessment; where there is a dispute about that medical assessment, that can be challenged; we have experience of challenging such assessments to secure reinstatement of the benefits. Similarly, employers may undertake a restructure or redundancy exercise and place those in receipt of benefits at risk or subject to fundamental changes which impact their receipt of benefits. Again, we have experience of representing the individual’s interests in such circumstances.

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Experience
Advising a trader who suffered an injury as a result of which they were unable to work. After a few years of being in receipt of benefits, his employer attempted to make his role redundant which would result in the loss of the insurance benefit. We advised the employee in challenging their redundancy and successfully resisted that dismissal and our client’s benefits under the PHI policy continued. We subsequently advised on obtaining the necessary employer and insurer consents to permit our client to emigrate without loss of benefits.
Advising a client on the offer of a lump sum made by the underlying insurer to ‘buy out’ the benefits under the scheme; we assisted the client in negotiating the amount of the buy-out resulting in a substantially increased payment to our client.
Advising a client on the threatened withdrawal of benefits following an insurer’s review of our client’s health. Assisting our client to challenge that assessment resulting in the reinstatement of benefits.