Dad threatens to sue insurer over son’s death in Thailand

A FATHER whose son was brutally bashed in Thailand threatens to sue a travel insurer, saying the pressure it put on his son contributed to his death.

Andrew Oake, pictured with his partner Som, died after a brutal attack in Thailand. Picture: Supplied

A DISTRAUGHT father whose son died in Thailand after a brutal assault is reportedly suing a travel insurance company, alleging pressure from the insurer for the man to return to Australia contributed to his death.

Rory McDonald, from South Australia, has previously focused on helping police track down the men who attacked his 28-year-old son, Andrew Oake, in March 2010.

Mr Oake died on April 11, 2010 as he prepared to return to Australia after travel insurer Cover-More threatened to cancel his policy unless he was “on-board the next available flight”, Mr McDonald told AAP.

Lawyers from Maurice Blackburn told AAP the firm has been engaged to act in the matter. Anthony Kerin, a principal at Maurice Blackburn, said the issue was whether Mr Oake’s death “was preventable and what factors may have unnecessarily contributed to this”.

When contacted by news.com.au, a spokeswoman for Cover-More said the company was not aware of any formal court proceedings having been initiated.

Andrew died while his partner Som was pregnant with their daughter, Angelina.

“Cover-More was first contacted by Maurice Blackburn in 2015 about Andrew Oake’s case. However, formal court proceedings have not, to our knowledge, been initiated and Maurice Blackburn has failed to adequately articulate the grounds or substance of any claim — despite our requests for them to do so,” the spokeswoman said.

“Andrew received appropriate medical care and advice from all parties involved in his case, including the numerous treating doctors, nurses and hospitals in Thailand.

“We have paid all claims and met all obligations under the travel insurance policy.”

In October this year Thai police arrested the third alleged attacker who assaulted Mr Oake and his Thai wife, Nareerat Suvengdee near her residence in Prasat, 410km northeast from Bangkok.

Ms Nareerat was six months’ pregnant at the time of the attack. She recently testified in a Thai court against the man.

Mr Oake suffered severe lacerations to his arm and deep cuts to his head as he fended off the attackers, who used homemade machetes against the couple.

Rory McDonald with his granddaughter Angelina and Andrew’s partner Som in 2012. Picture: Brenton Edwards

Initially hospitalised at Bangkok’s Bumrungrad International Hospital, Mr Oake was transferred to the Bangkok Pattaya Hospital.

Mr McDonald said Cover-More had insisted his son return to Australia for further treatment.

Cover-More, he said, insisted his son “be on the next commercial airline that we can arrange for him back to Australia (or) we’re going to cancel his insurance policy”.

“(Cover-More) said when Andrew gets back to Australia we’ll look after him, we think he’s better off because of the infection and we don’t think (Thai doctors) can do the operation,” Mr McDonald said.

Cover-More’s demand meant Mr Oake was forced to travel 18 hours by bus over the weekend to his wife’s home of Prasat to collect his passport and return to Bangkok by the Monday morning.

Mr Oake died during the journey back to Prasat.

Som and Angelina.

Mr McDonald says a post mortem showed Mr Oake faced little chance of surviving the flight to Australia due to severe swelling of the brain.

He said Thai medical staff at Bangkok Pattaya hospital told him they were equipped to continue his son’s treatment.

“He couldn’t stand up by himself and he couldn’t have got to the toilet by himself. So what they expected him to do was for an air hostess to take him to the toilet? It was just crazy,” he said.

Last month, as Thai police announced the final suspect in Mr Oake’s attack had been caught, Mr McDonald told news.com.au he had spent six years working to bring his son’s killers to justice.

“Basically our lives have been consumed with bringing these guys to justice since Andrew passed away,” he said.