Other Ombudsman case - What information am I entitled to receive from Insurance company

[gh0676]

Hi All -
I have been in a 6 year dispute with an Insurance company. The case is currently in mediation but looking unlikely to be resolved.

I expect the case, therefore, to go to the Ombudsman for deliberation.

I have received certain official correspondence, specific to my case from the insurance company but also know the insurance company has being dealing with numerous other companies, solicitors, Engineers and Geologists in relation to my case. I would also like to request to see this correspondence.

The Insurance company should act fairly and their experts should act impartially at all times, I don't believe that they have been acting in our best interest and would like to see how they have corresponded with the various experts and other 3rd party companies in relation to our case.

Just wondering, therefore,whether I am entitled to request copies from the Insurance company of :
(1) internal e-mails/ correspondence between them and other 3rd parties
(2) Of phone calls recordings, in relation to their correspondence to other parties in relation to my case?

Thanks in advance,

 

[DirectDevil]

Hi All -
I have been in a 6 year dispute with an Insurance company. The case is currently in mediation but looking unlikely to be resolved.

I expect the case, therefore, to go to the Ombudsman for deliberation.

I have received certain official correspondence, specific to my case from the insurance company but also know the insurance company has being dealing with numerous other companies, solicitors, Engineers and Geologists in relation to my case. I would also like to request to see this correspondence.

The Insurance company should act fairly and their experts should act impartially at all times, I don't believe that they have been acting in our best interest and would like to see how they have corresponded with the various experts and other 3rd party companies in relation to our case.

Just wondering, therefore,whether I am entitled to request copies from the Insurance company of :
(1) internal e-mails/ correspondence between them and other 3rd parties
(2) Of phone calls recordings, in relation to their correspondence to other parties in relation to my case?

Thanks in advance,

I am a little uncertain of your rights where the matter is in mediation. If these were formal legal proceedings I would be seeking discovery.

Discovery is a process whereby any party in possession of material that is relevant to a case may be ordered by a court to open or "discover" that material. The order for discovery needs to be sought from a court and is not to be had for the simple asking. The party applying for discovery has to show relevance of the material sought and that the application is not a speculative fishing expedition. Even then a court might not grant an order of discovery for all materials or documents sought.

Discovery does not always require a court order. Discovery can be granted on a voluntary basis by a request to the party holding the material. I prefer a court order to obviate any slippery nonsense !

In relation to (1) I would seek voluntary discovery initially from the insurers. If they are going to co-operate - which I doubt - be sure that the discovery is accompanied by a schedule of exactly every document being discovered. Also, I would ask for a schedule of any documents they have but are not disclosing as they might need to be discovered by court order.

You might direct yourself initially to the mediator to see what they have to say - I don't know what authority they have been given.

You may well need to instruct a solicitor to make an application for an order of discovery.

Also, be aware that if you are going the FSOB (Ombudsman) route their finding is legally binding on both parties. There is a right of appeal but that involves High Court proceedings in which you and the FSOB will be 2 parties and the insurers will be involved too as a notice party to those proceedings. Therefore, you need to give this your very best shot first time around. Discovery of relevant material is thus of great importance to you. Also, the legal costs risk attaching to an appeal can be quite daunting.

In relation to (2) I would proceed similarly but would also parallel my application with a request for those materials to be disclosed under Data Protection laws. I think that the material may be available for a modest set fee [or no fee]. See this link to the Data Protection Commission [broken link removed]

Lots of work to be done. Good hunting.....

 

[gh0676]

Thanks for your feedback, much appreciated.

 

[Ravima]

(I) know the insurance company has being dealing with numerous other companies, solicitors, Engineers and Geologists in relation to my case.

Are you referring to YOUR solicitor and engineer(s)? If so, they should be able to give you copies of whatever they got. If you are referring to the Insurers Solicitors, engineers etc, they you are not entitled to these.