Critical Illness Claim Refused

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I am hoping someone out there can help my wife and I. We are very stressed about a refusal by an insurance company to payout on a critical illness claim. It's a long story but I will try to summarise:

  • 2020 my wife and I took out separate critical illness policies with Aviva under the guidance and support from a financial advisor - the advisor completed the online application
  • 2022 I was diagnosed with kidney cancer - had surgery and am ok now thankfully - aviva paid out on the policy and cancelled my policy - this is ok
  • October 2023 my wife goes for a cardiac appointment after putting pressure on the GP because she had chest pains. GP thought it was most likely musculoskeletal. Cardiac consultant, after appointment and scans, said most likely athletic heart remodelling (my wife ran half marathons) or untreated hypertension or small chance of hypertrophic cardiomyopathy.. ordered surveillance scan for 18 months or so later
  • Feb 2025 same financial advisor contacted my wife to offer to put in place a new, better critical illness policy with aviva. She went through phone call with him with my support and she declared her hypertension and the cardiac appointments and scans. Financial advisor says no need to declare the cardiac details because it is directly linked to hypertension that you have already declared. He submitted the application online for my wife. She got an email then from aviva saying here's the details and if there is anything incorrect let us know. She didnt contact them because she took the advice of the advisor as being correct.
  • October 2025 - she had the surveillance scan - consultant and 2nd opinion consultant agree that the heart thickening had reduced and the underlying issue was most likely her untreated hypertension that is now being treated and was declared in her application by the financial advisor
  • March 2026 she is diagnosed with stage 3, grade 3 breast cancer with spread to lymph nodes and surrounding node tissue. Has had surgery, chemo, due to get radiotherapy and 1 year phesgo and 5 years hormone treatment. A very tough journey for her
  • Claim submitted to Aviva but they refused payment due to non declaration of cardiac appointments and scans - they say if they had known she was going through tests or had had appointments in past 2 years they would not have put the policy in place until scans were all finished and there was a full diagnosis re cardiac issues - 
  • We have submitted a complaint and are waiting on a response from aviva - if they do not uphold the complaint we will submit a case to the financial ombudsman. 

Just wondering if anyone else has had a similar experience and might have any advice or any detail on what the outcome was for them

Thanks you all in advance for any advice or support

Kindess always x

  • [deleted]

    Best wishes,
    Dylan

    Macmillan's Online Community Team

  • Hi Kindness, welcome to the Forum, I have to say I haven't experienced the problem or had a Critical Illness policy but I was for may years a Lead Money Advisor with Citizens Advice, my question at this stage would be is the Financial Advisor which he should be Independent as he has obviously by your explanation advised incorrectly any and all medical conditions must be declared fully with Insurers including GP visits unfortunately I would be saying Aviva will have food grounds but also you should be submitting a complaint to the Adviser and then after the results of the complaint then seek support for the next levels

    I hope this helps a little, Tony

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  • Thanks Tony

    Yes the financial advisor is independant and is part of a body called the Openworks Partnership -  "one of the largest and longest-established financial advice networks in the UK with 5,000 advisers across over 800 member firms". I have contacted the advisor and the Openworks Partnership. I know they have professional indemnity insurance and they may be liable for his poor advice.   The thing that annoys me is that the cardiac investigations ended up being nothing in the end, the cancer diagnosis is significant and the thing my wife is making the claim for and the non disclosure was not intentional, was innocent and in my view not material to the sickness that should trigger them paying out on the policy. I plan to wait to see how Aviva respond, then go to the FOS and in parallel raise a complaint with Openworks Partnership. Was just wondering if this is the right approach or if anyone had any other suggestions. You are very kind to have replied so quickly :-)

  • Thanks Dylan - should I copy this into the Ask an Expert forum? I have contacted the Macmillan support line but they couldnt help me unfortunately. Thanks :-)

  • Hi, Obviously I can't give advise on here, but in my opinion I would go all the way as I think the Advisor is the real one at fault unfortunately they come and go I find, the FO is a long winded affair but you must get a final letter from both parties that the claim has come to a stop then the FO will step in, if you do go to the FO I would start preparing as much info now sounds as if your on the ball anyway

    Wish you luck, I suspect the CA may not help in this case but still refer to as many information sites if you want me to search for Charity support such as CA let me know their website is very informative so start with them for Insurance claim problems

    All the best, Tony

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    We will move mountains to help people with cancer live life as fully as they can.
    We'll do whatever it takes. For information, support or just someone to talk to,

    call 0808 808 00 00 or visit www.macmillan.org.uk

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  • Hi  

    That's no problem at all.

    Yeah, you can post your message in the Ask an expert forum, however, it will be answered by someone in the Support line so you might get the same form of response there than you did on the call.

    I really hope you can get some helpful advice soon and get paid out from the insurance.

    Best wishes,
    Dylan

    Macmillan's Online Community Team