We started the process with the FOS on July 15 and were now waiting for an investigator who specializes in marine cases. But it wasn’t going to be that simple.
On Oct 10, we received an email from David Northcott an FOS adjudicator. It stated “I regret to confirm we are unable to consider your complaint as the policy complained about is not a UK-based policy. The full explanation as to why we don’t have jurisdiction is explained in my letter.”
David followed up on Oct 16 with an email stating that he was aware that we had filed a complaint with the Indiana Department of Insurance (IDOI) “In my previously assessment I said your complaint was one that we could not consider because on the basis of “Not a service from within UK” but now we cannot considered it because “Other ADR Entity dealing/dealt with”. That is to say another complaint arbitration scheme is dealing with your complaint.”
He gave us one day to respond before it would be put aside. We responded and requested additional time to receive a determination from the IDOI if they could even address the complaint. He said he would return to the office on Nov 1.
Nov 1, 2017 we sent David Northcott an email communicating that the IDOI did not have statutory authority. We explained that it only made sense that their organization review the case since they ensured the FCA regulations that ProSight and LJJ Associates were to abide by.
David responded that he would “be able” to respond to us on Nov 8. We didn’t understand the reason for the delay. So we called him. He said that the case was very unique and “complicated” and he needed to talk with an “expert” to determine if they could proceed.
We explained that we believed that even though the policy was paid for in the US, the policy was written by a UK broker and underwritten by a Lloyd’s syndicate. Therefore, it should be heard by the FOS who enforced the FCA’s regulations.
On Nov 8, we received an email from David “As a result of the discussion, I have written today to the Society of Lloyd’s (the underwriters of the policy cover) to seek clarification on various points to include jurisdiction confirmation from it that we can deal with your complaint. They may raise reasons why they don’t think we can consider the complaint. Because the issues are complex in nature I have allowed until 22 November 2017 for a reply.”
We were shocked! It sounded like they were asking the financial institution that forced people into bankruptcy if they should be regulated or not. However, when we talked with David Northcott, he stated that he felt that the FOS should be able to investigate the case and the Society of Lloyds needed to put forth reasons the FOS shouldn’t proceed.
So we wait….again.