NSW Ex-wife claimed insurance of which I had paid a portion

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7 November 2016
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I have a tricky question.

My daughter was to go on a school trip to Europe - The total cost of this was $8000 of which Paid $1500. My daughter is 16 (15 at the time) and lives with me.

Unfortunately she was unable to attend due to illness. My ex-wife then made a claim to the travel insurance company and unbeknownst to be claimed the money back. I made a seperate claim for my portion - to which the insurance company said the claim has been finalised?

I have the receipts and all the documentation - I am not sure ho w best to pursue this - I have sent a letter of demand - do I go to small claims court? Or should I be pursuing in another way? Do I have a case at all

Would be great to hear any thoughts

SB
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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You'll probably find if the insured included your ex-wife, then the insurer is in the clear. In that case, you should make the claim against your ex-wife and not the insurer.

If your wife was not on the policy as an insured party, use that angle with the insurer and make a complaint. This can then be run up the chain to the insurance ombudsman - which process is free to you.