My enquiry is related to a income protection claim. I have…

My enquiry is related to a income protection claim. I have been receiving a monthly payment since June 2012 for a lower back injury. It is a permanent injury so the claim is ongoing until I am 65. Both my doctor and their independent doctor both agreed that the injury is permanent. My payments had been coming in monthly until four months ago even though often up to a week after the due date. When a payment 4 months ago didn't get processed I rang my case manager who happened to be new(the past manager had left the company I was told). I was adviced that my payments had be suspended because through another insurance company notes they had seen I had noted details of a previous lower back / sciatica injury I had in 1979 and again in 2002. I rang my insurance broker and he looked up my original application form and was noted in the first questionnaire I had ticked I had suffered past sciatica and lower back problems plus also knee problems( not related to my back). They sent back another form only requesting further information re my knees. They didn't ask for further details re my back. I was granted a full insurance with no exemptions.

My insurance broker has been on there case and have got payments through but with a lot of threats from him re contacting the ombudsman etc. when I originally applied for payments through there Medicare investigation they noted I had seen a psychologist around 1999. I hadn't declared on my application that I had perhaps had anxiety problems. It didn't cross my mind it was related to a marriage problem only had approximately 6 sessions,never had time off work etc,not a psychological disease.they got a report from her and decided that it would not have influenced there decision to insure me.

Now they are saying I didn't declare my knee problems which I did. I saw a copy of my original applications plus there exceptance today all details were disclosed. Plus not disclosing that I had been treated for anxiety. Again they have already looked at this originally when claim was made plus had a report from my treating psychologist and passed it has not significant then.

The insurance company was named Tower then now call themselves TAL. I believe that the reason they a re visiting my claim is that the insurance company they forward sold my policy to is no longer paying their share of the payment. They say they wouldn't of excepted the liability if they had been aware of the 1979 and 2002 back injuries. As far as I see it that's a problem between them. It's TALs fault that they didn't seek more inform from me re my Back history and then not forwarding it onto the insurance company they forward sold it to. This should not effect my claim as I see it

Could you please give me advice re what legal avenues should I follow or just wait until they have finished there internal investigation on my past medical history assuming they keep making payments. I have been told they are waiting for more doctors reports on my past
medical problems

You input and time is appreciated

Regards

Todd