Public law and Constitution Custom Essay

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I attached to you some chapters from different books may be you can use them to do course work(3 links in 4shared.com). In addition, to the sources if you can use the 3 chapters(from 3 books) which I attached, use the websites sources and use 2 or 3 articles ( the maximum sources : 10 sources): the tutor wrote 2 links have relation to answer the problem you can use them. Also, I need to have the plan for answer the problem question, the tutor want to see the plan for answer the question and give us the notes about the plan and first draft.

PROBLEM QUESTION:

56/3 – travel insurance – whether an insurer correctly relied on policy exclusion to refuse cancellation claim resulting from policyholder’s ill- health Mr K occasionally suffered from migraines but was otherwise in excellent health. So he was somewhat concerned when, for no apparent reason, he collapsed and briefly lost consciousness.
He soon recovered but “just to be on the safe side”, as he later told us, he made an appointment with his GP. Mr K saw the doctor four days later on 30 August 2005 – and told her he had felt perfectly well until immediately before he passed out. At that point he had started to feel dizzy and had then found himself unable to stand.
The doctor told Mr K that his collapse had in all probability been related to a migraine. However, the doctor thought it would be a sensible precaution to have a brain scan, just to rule out any possibility that Mr K might have had a minor stroke.
In her referral letter to the hospital, which we later asked to see as part of our investigation, the doctor stressed that she did not think Mr K had suffered a stroke. But she said she wanted Mr K to have the scan in order to “completely rule out this possibility”.
Mr K’s appointment for the scan was on 27 September 2005. A couple of weeks before this ” on 14 September ” he booked and paid for a holiday and bought a travel insurance policy. The holiday was to start on 30 September, a few days after he was due to have the scan.
The result of the scan came back on 28 September and revealed that Mr K had suffered a minor stroke. His doctor told him he should not fly for at least three months, so Mr K cancelled his holiday.
The insurer rejected the claim Mr K made under his travel insurance policy. It pointed out that the policy contained an exclusion from cover for:
“… any condition of which the policyholder was aware at commencement of the policy or for which he received advice, treatment or counselling from any registered medical practitioner during the 12 months preceding the commencement date, whether diagnosed or not”.

Questions

1.Did the Ombudsman decide the case in Mr K’s favour or not? (See the hyperlinked Issue 56 Ombudsman News. Please give reasons for your answer.)
2.Why did the Ombudsman rely on Cook v Financial Insurance Company Ltd 1998 to decide this case?
a)Explain the relevant legal principle (the ratio) in the Cook case.
b)Explain how the Cook case applies (is relevant) to Mr K’s case.
3.Do you think Mr K’s case was decided fairly or not?
4.Does the Cook case (referred to in Question 2) assist Mr and Mrs Brown in the Coursework question scenario? (Give reasons why/why not.)
5.How would you find out whether the Cook case remained a leading authority in this area or not? Is it necessary to find this out? (Give reasons for your answer.)

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