I have now had the opportunity to investigate your records and can confirm the following.
The inception documentation was email to your email address, as confirmed by your spouse, on the inception date. Our IT Department have confirmed that the email left our server at 11:16, just two hours after the cover became effective, and that we have received no error messages to suggest the email did not leave our server correctly or that it was returned to us.
The email contained a copy of our Terms of Business, which confirmed that there is a fee for processing a cancellation and that we retain the commission on any refund. Furthermore during the conversation in which cover was arranged, we confirmed that we retain commission and our fees, as well as confirming that there is no refund for the premium paid for the personal accidents cover if it is cancelled after 14 days.
The inception email also contained a link to view the insurance company’s policy booklet. The policy booklet confirms, on page 19, that they, the insurance company not Adrian Flux, will not issue a refund if the cover is cancelled beyond the forth month.
To summarise, approximately two hours after inception, and within the cooling-off period, we emailed you sufficient information for you to know that if you cancelled the cover beyond the forth month you would not be entitled to any refund. The insurance company would not issue a refund, there would be no refund for the personal accidents cover and we would retain our fees.
Although the insurance company’s policy booklet indicated that they would not issue a refund, in fact a small rebate was issued. If, as indicated in the conversation prior to inception and in our Terms of Business, we applied our normal procedure my retaining the commission and applying the fee for processing the cancellation, the deductions would have slightly exceeded the small refund. As a result, we reduced our fee slightly so that you would not be required to make a payment on cancellation.
We provided all the relevant information soon after inception and we had no reason to believe that they were not received. We were not contacted within the cooling-off period to be advised that any of the terms or conditions of the insurance company or Adrian Flux Insurance were unacceptable and as a result I believe it was fair for us to deem you to have accepted them. You were never entitled to a full refund for the unused portion of the policy and no documentation has ever been issued to suggestion that you were entitled.
Our Terms of Business have been exercises correctly and in accordance with the information provided to you at the first opportunity. If you are dissatisfied with the rebate issued by the insurance company, I recommend pursuing a complaint with them, details of which will be in their policy booklet.
Dan