In the final letter of denial from ProSight’s complaint department, they instructed us to contact the Indiana Department of Insurance (IDOI). We submitted a complaint to IDOI on Sept 13, 2017 after calling them to see if they could process the complaint. The customer service person said that we would have to submit the complaint for that determination to be made.
We previously talked with the Florida Department of Insurance. They told us that they had no ability to process claims for Lloyd’s of London policies. But since ProSight had instructed us to contact the IDOI we submitted a complaint to them.
We honestly hoped that this could be addressed in the US. Our risk was reduced if we decided to go into litigation. In the UK loser pays all expenses of the winner. In the US, each pays their own. There were also significant bad-faith penalties allowed in US law. However, we were not very hopeful. Our policy said only UK laws could apply to any dispute.
On October 27, 2017 we received a letter from the IDOI stating that “This department does not have statutory authority“.
They instructed us to pursue arbitration per the “pre-dispute agreement” in our policy. However, they do not know the UK-FOS or legal system.
We were previously instructed by our UK solicitor, Daniel Crockford, to file the complaint with the FOS.
So back to the UK-FOS we go.