Ex Refusing to Sign Critical Illness Doc - wants 50%

Last month I was diagnosed with grade 3/stage 2 breast cancer.

I had critical illness cover still in place with an ex partner but he is now refusing to even sign the paperwork unless I give him 50% of the payout. I have contacted the insurance company (Legal and General) who have been little help, saying they won’t pay up without his signature. 

Morally, ethically, this obviously feels so wrong. The treatment has already left me unable to work, I have been lucky enough to be placed on a research trial but the treatment is intense -

chemo every two weeks for 8 weeks, then chemo every week for 12 weeks (with hormone therapy added in every three weeks), surgery, and 30 weeks of hormone therapy and then obviously reconstructive surgery. 

The full payout isn’t enough to clear my mortgage but it would have allowed me to take a year off and concentrate on getting better without any financial worries. My new partner has taken at least two months off to care for me (picked much better this time around...!)

I’ve been contacting Solicitors this morning for advice, most wriggle away saying it’s not really their area of expertise but one has kindly agreed to go through the policy detail for me. Fingers crossed.

Does anyone out there have any experience of this and can offer any advice?

  • I’m no expert but having recently gone through a critical illness claim myself isn’t the policy in individual names? Mine and my husbands are. I had to nominate which bank account they sent the funds to (mine obviously!). 

    Whatever the legal ramifications, what absolute toe rag he is!

  • Thanks Mrsfingers,

    Yes, clearly better off out of that relationship!

    It’s a dual named policy (basically pays out on the first critical illness/death). The claim documents allow me to nominate my bank details on the form but that’s the one page he’s required to sign too (and is refusing) and Legal &General are refusing to proceed unless they have his signature on it too.

    i was hoping someone on here would have some advice / successfully dealt with something similar. 

    I have instructed a solicitor to look at it today... hopefully they can help. If only being a toe rag was illegal in itself! 

     

     

  • Hi Crackered,

    How would he react if you shared his story with his family and friends on social media or via your local press? I wouldn't normally advocate emotional blackmail but this scumbag so obviously deserves it. 

    More conventionally, MacMillan and Citizens Advice run a joint legal service to advise on welfare matters which might be able to point you in the right direction www.citizensadvice.org.uk/.../ or you might be able to get some free legal support from these guys https://www.lawworks.org.uk/

     

    Good luck!

    Dave

  • Hi Mrsfingers,

    Sadly people often take out their Critical Illness and Life Insurance under a joint policy (I think just because the Life Insurance is under a joint policy and they don't really consider the Critical Illness factor so much).  We took out individual CI and join LI and I would always advise others to do the same.  However, we weren't advised to do that and I think the Association of British Insurers should be making it mandatory to advise insurers to inform people of the distinction!

    LJx

  • Hi Crackered,

    So sorry you're going through this.  I was feeling really angry at him and just couldn't believe someone could be so cruel.  But then I read your second post and I take it from that there can be no other payout in the future?  i.e. if he goes on to develop a Critical Illness he cannot get any payout because the insurer has already paid out due to your illness?

    If that's correct then while it's still awful for you I can understand that in the future he could be left in a very difficult financial position if he gets ill.  Of course I might be misunderstanding your insurance, maybe it pays out once for each named person on the policy?

    I'm not sure I can give you helpful advice because it sounds, IF I've read your second post correctly, like you weren't properly advised by your broker or insurance firm when you took out the insurance.  I would certainly be contacting the Association of British Insurers if you're sure you were never told that this situation could arise, as it may be that the insurer can be forced t retrospectively amend the policy a bit.  Worth a shot?

    Let us know how you go.

    LJx

  • Point taken [@TwinTwo]‍ This does seem like a very odd nuance of the cover. I'm wondering if it's a way of making the insurance premiums cheaper as the cover is less overall due to only covering one person/instance of critical illness.

    It could also be an issue of mis-selling as you say...how fit is this insurance for its purpose? It seems to assume or hope that only one person gets critically ill. 

    Certainly a cautionary tale of the potential pitfalls of joint cover.... what a horrible situation to be in.

  • It's disgusting that your ex is financially blackmailing you but perhaps look at it from his point of view. If he has paid 50% of the insurance policy yet he won't be able to claim in the future (if only one claim is allowed) he may be feeling badly done to and, should he find himself fall ill he will have no safety net to fall back on. 50% of something is better than 100% of nothing and solicitors will eat into anything you may get. Do you have a good friend who can sit down with you both & try & come to an agreement that is acceptable to you both? 

    Good luck

    Angie x

  • The most he should be entitled to is the repayment of his share of the premiums. 

  • I was so hoping when I read your second post that I'd read it wrong and that it was a simple case of your ex blackmailing you when there is no negative effect on him from your claim.  But if I did read it right then it sounds like you have been badly advised and I am really angry about that.  Cover like this is so important for all of us, but we did have to very clearly specify that we wanted separate critical illness cover but joint life insurance, so I guess others may easily be getting trapped into what seems like the more conventional or simple option.

    Now, if your ex has been in good health since you both took out the policy and it wasn't so long ago that age would greatly increase his premiums then he could still take out single critical illness cover now.  It's still a bit more risky for him obviously, but might be worth seeing if he would consider taking a lower percentage of your payout on the basis that he can still get cover.  If, however, his medical situation has changed in a way that is significant then I imagine he wouldn't be keen on this.

    I'm just disgusted that it seems you weren't properly advised.  Insurance companies really need to step up their game.  As I said before, I would contact the Association of British Insurers and discuss this, they might be able to help.  There is also a financial ombudsman that covers insurance, can't remember the name, but a complaint to them might help bring about a better situation for you?

    Worth a try.  Just sucks as this is the last thing you need to be dealing with in your situation.

    Best of luck!

    LJxx

  • Oh my, if I was your ex I would sign, I would work something out we both can live with, I know nothing about lawyers only, don’t go to far with them, you’ll end up giving your ex half and the lawyer your half, I think it will be wise to work with your ex only, sign something together, something you both agree on and if you must , get that lawyer to witness it, other then that? Idk, I’m cancer I’ll and will probably take my pention out, because my spouse looks after our children and bills, I will be giving her the whole thing, it’ll be no good to me until my death anyhow, but my family will benefit, just saying, good luck