Brian Barr Solicitors have managed to achieve a full £357,000 payout under a Critical Illness policy for Mr GR, a fibromyalgia sufferer.
46 year old Mr GR was a successful company director who took out a substantial critical illness policy in 2002. The policy would pay him £356,903 if he were to suffer “total and permanent disability in respect of his own occupation”.
During the spring of 2004 Mr GR began to suffer several worrying symptoms. His feet and hands started to get spasms, tingling, cramps and the like and his muscles could be seen to be twitching under the skin. One Sunday in the summer of 2004 he collapsed with severe pins and needles and loss of movement in his hands. The doctors made an initial diagnosis of cramp fasciculation syndrome.
By August 2005 Mr GR’s condition had deteriorated considerably. He was finding it difficult to walk, write and think. He stopped work in August 2005 and by autumn 2005 he needed a stick to walk. A Consultant Rheumatologist made a diagnosis of Fibromyalgia.
In February 2006, given his ongoing chronic health problems, Mr GR contacted his critical illness insurers and made a claim. The insurers sent Mr GR to several doctors and an Occupational Therapist, each of whom recommended courses of action which might alleviate Mr GR’s symptoms. The insurers refused to settle Mr GR’s claim on the basis that his disability was not expected to be “total and permanent”, arguing that the courses of action recommended by the various specialists might enable Mr GR to return to work at a later date.
In October 2007 Mr GR approached Brian Barr Solicitors. We instructed a Consultant Rheumatologist to examine Mr GR and prepare a report. He confirmed the diagnosis and recommended that Mr GR attend a Pain Management Programme. However, crucially, the Consultant stated that Mr GR would probably never be able to return to his occupation, even after completing a Pain Management Programme. In the face of this evidence, Mr GR’s insurers agreed to settle the claim in full.
Mr GR says: “During the period of time that legal proceedings were taking place I found that I was dealt with in a very professional manner and was kept informed as to how the case was proceeding. Mr Barr personally dealt with the case and was at hand to advise. Without his help and assistance doubt whether I would have won the case as insurance companies have the ability to ignore individuals and expect that you will give up the fight.I was recommended the services of Brian Barr Associates by Fibromyalgia UK, the charity set up to help sufferers.”
We feel that this case shows that we can make a real difference on these insurance claims, be they Critical Illness cover, Permanent Health Insurance cover, Accident Protection and Mortgage Protection policies.
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