44 year old nursery nurse LB from Basingstoke developed the chronic widespread pain condition fibromyalgia and it stopped her working. LB was not fit enough to return to work and she was dismissed on ill health grounds two years after the accident.
LB had a critical illness insurance policy entitling her to a lump sum if she became permanently unable to work in her own occupation as a nursery nurse. Her insurers rejected her claim, she continued to pursue it, but to no avail.
LB eventually approached Brian Barr Solicitors. We looked at the documentation and advised the insurance company that they should be paying out under the policy. They proposed a functional capacity evaluation. We objected because this type of evaluation is inappropriate for fibromyalgia sufferers. An appropriate expert was agreed upon and following sight of his report, the insurance company accepted the claim. LB received just over £150,000, just six months after Brian Barr Solicitors had first been instructed.
Mrs GL of Norwich was injured in lifting incidents at work and felt she would never be able to work again. She had an accident protection policy and claimed under the Permanent Total Disablement section of the policy. She had to establish that she had sustained accidental bodily injury which within 12 months resulted solely and independently of any other cause in death, permanent disability or hospitalisation.
Mrs GL was insured for £100,000. Insurers said that she had been left with a 15% to 20% global disability as a result of the accidents and they put forward a total offer of £17,500.
Mrs GL instructed Brian Barr Solicitors to act. When we questioned the £17,500 offer, insurers promptly withdrew it.
Mrs GL instructed us to obtain reports from two rheumatologists. These were supportive. Insurers again refused to pay. Eventually they instructed their own rheumatologist and they paid out the full £100,000 plus substantial interest and costs.