1 reviews | Active since May 2018
OSTI Delays and Unfair Procedure
I submitted a complaint with the Ombudsman for Short Term Insurance (OSTI) in September 2016, after my car insurance claim had been repudiated by the insurer. The basis of the repudiation of the claim was that an incorrect tracking device had been installed in the vehicle at the time it was ******. The file number was allocated as M2362/16F. There was a protracted investigation by OSTI and numerous submissions by myself and by the Insurer. On 15 May 2017 OSTI ruled in my favour and ordered the insurer to settle the claim within 5 days.
The insurer ignored this ruling and chose to advance a different reason for repudiating the claim. The new, previously undisclosed reason for repudiation of the claim was that they in fact had no "binder agreement" with the brokers and the brokers had no authority to issue insurance documentation on their behalf. This is despite documentary proof to the contrary.
My question is, what is the status of OSTI's ruling of 15 May 2017? Why was the insurer allowed to advance a new basis for repudiation even though they have had more than adequate time and opportunity to do so before the ruling was made? Should OSTI again rule in my favour, will the insurer be allowed to advance yet another (3rd) reason for repudiating my claim. Will this matter ever be concluded? This has dragged on for 20 months already! What upsets me most is that the assistant ombudsman handling this matter has told me instruct my lawyer to litigate if I can not wait any longer! This is 20 months after the initial complaint submission and a whole year after a ruling in my favour had been made.
Dear Ms Mkhize
We note that this matter is ongoing. Your query has been referred to the Assistant Ombudsman who is handling the matter for feedback. You should receive her reply by the end of this week.
Yours faithfully
Ayanda Mazwi
Senior Assistant Ombudsman
Dear Ms Mkhize
We note that this matter is ongoing. Your query has been referred to the Assistant Ombudsman who is handling the matter for feedback. You should receive her reply by the end of this week.
Yours faithfully
Ayanda Mazwi
Senior Assistant Ombudsman
