insurers obligation?

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xat44

Active Member
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474
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biggin on the bump
hi, some advice wanted please.
basically, my daughter got off a bus outside college. checked the time (8.25am) on her i-phone, put the phone back in her breast pocket of a body warmer. walked the short distance to college. put her bags and body warmer into a locker and went off to her class. at about 10.45am she got her bags and body warmer out of the locker and noticed her phone was gone.
we put a claim in for loss of phone. i`ve just heard from the insurance company that they won`t pay out as the phone was lost in a commercial building. had the locker been forced open by someone else, they would have paid out for theft. had she lost it outside the college they would have paid out.
i`m going to appeal on the grounds that neither they, the insurance company, nor i can say for definite where it was lost.
the only facts are that my daughter had the phone when she got off the bus, and discovered her phone was lost while in the college.
so, in a case like this. can the insurance company decline to pay? have any precedents been set before?
cheers, steve.
 
ps does the policy clearly state this "commercial building" thing?

I wouldn't appeal on the grounds you have stated, i would appeal that you were not aware of this get out clause and therefore where it was lost is irrelevant.

Is a college a commercial building? I would say not.
 
Can you post the exact terms and conditions of the insurance policy??? The clause that says its not covered in a commercial building is daft anyway, and therefore unenforceable (IMHO).


My initial thoughts are.....she obviously doesn't know if it was lost within the building or outside; if we knew where we lost stuff, we'd simply go back there and find it?
 
WHAT WE WILL NOT COVER
Your electronic equipment is not covered for:
1. Theft or loss:
• from any commercial vehicle.
• from any motor vehicle where you or someone acting on your behalf is not in the vehicle, unless the electronic equipment has been concealed in a locked boot, locked glove compartment or other locked internal compartment and all the vehicle’s windows and doors closed and locked and all security systems have been activated;
• from any building, land, premises or vehicle unless force, resulting in damage to the building or premises, was used to gain entry or exit;
• where the electronic equipment has been left unattended when it is away from your home;
• where reasonable precautions have not been taken
 
thanks paul-c.
your right, it does seem daft.
but not being an expert in insurance jargon i`m not sure whether its enforceable by them.
this is why i need some good advice for my counter claim.
 
So, its not "commercial building" its ANY building!!! Or land, or premises, or vehicle. Unless force has been used. In other words, it only covers theft where you locked it up, rather than an opportunistic theft where for example it were left somewhere and someone swiped it; or assaulted you and forced you to hand it over; or simple plain old loss.

Basically, that insurance policy is almost completely worthless, I hope you didn't pay much for it. If you did, then you might be able to claim back your premiums if you were missold it (ie someone said it covered you for 'loss', which it plainly doesn't).
 
• where the electronic equipment has been left unattended when it is away from your home;

surely if she thinks she left it in a locker in college then then they will just use this one instead:(

i know i would, why would anyone risk leaving a £400 phone in a locker (unless college has changed hell of a lot since i was there)
 
"not insured ...

• from any building, land, premises or vehicle unless force, resulting in damage to the building or premises, was used to gain entry or exit;"

You're not covered. Doesn't mention commercial building - you're just not insured for accidental loss unless force can be shown (burglery/theft) unless you got another part of your poolicy which covers accidental loss.
 
WHAT WE WILL COVER

A. Accidental Damage

We will pay repair costs if your electronic equipment is damaged as the result of an accident. If we are unable to repair your electronic item, a replacement item will be provided.

B. If your electronic equipment is stolen we will replace it. Where only part or parts of your electronic equipment have been stolen, we will only replace that part or parts.

C. Accidental Loss

If you selected the option to pay an additional premium and insure your electronic item for Accidental Loss then if you lose your electronic item we will replace it. If you have cover for Accidental Loss this will be stated within your policy documents. Accidental Loss cover is not available on any Laptop or iPads.

D. Breakdown which occurs outside of the manufacturers guarantee period.

E. Liquid Damage

If your electronic item is damaged as a result of accidentally coming into contact with any liquid, we will repair or replace it.

F. Fraudulent Call use.

a. If your electronic item is a mobile phone, is lost or stolen, and covered by your policy, we will refund the cost of calls made from the mobile phone after the time it was lost or stolen up to a maximum of £100. Itemised bills must be provided.



WHAT WE WILL NOT COVER

Your electronic equipment is not covered for:

1. Theft or loss:

• from any commercial vehicle.
• from any motor vehicle where you or someone acting on your behalf is not in the vehicle, unless the electronic equipment has been concealed in a locked boot, locked glove compartment or other locked internal compartment and all the vehicle’s windows and doors closed and locked and all security systems have been activated;
• from any building, land, premises or vehicle unless force, resulting in damage to the building or premises, was used to gain entry or exit;
• where the electronic equipment has been left unattended when it is away from your home;
• where reasonable precautions have not been taken;

2. Loss or damage caused by:

• you deliberately damaging or neglecting the electronic equipment;
• you not following the manufacturer’s instructions;
• routine servicing, inspection, maintenance or cleaning;

3. Repair or other costs for:

• routine servicing, inspection, maintenance or cleaning;
• loss caused by a manufacturer’s defect or recall of the electronic equipment;
• replacement of or adjustment to fittings, control knobs or buttons, batteries or aerials;
• repairs carried our by persons not authorised by us;
• wear and tear or gradual deterioration of performance and cosmetic damage.
• if the serial number has been tampered with in any way.

4. Any kind of damage whatsoever unless the damaged electronic equipment is provided for repair.

5. Any loss of a SIM (subscriber identity module) card.

6. Any expense incurred as a result of not being able to use the electronic equipment, or any loss other than the repair or replacement costs of the electronic equipment.

7. An excess fee for all claims which must be paid before your claim can be approved. If your claim is for a laptop, there is a £75 excess fee for each claim

If your claim is for an iPhone, there is a £50 excess fee for each claim

For all other items, there is a £25 excess fee for each claim.

If your cover includes cover for Accidental Loss and you make a claim for Accidental Loss then the excess fee will increase by £25.

8. Any claim made, or any event causing the need for a claim to be made, that occurs within the first 14 days of the inception date of the policy.

9. Any claim if the Gadget has not been used after the date the insurance has been purchased.

10. Loss of or damage to accessories of any kind.

11. Any loss or damage caused by the failure of any electrical or computer equipment, software, micro-controller, microchip, accessories or associated equipment to correctly recognise and process any calendar date or time.

12. If a SIM card registered to you was not in a mobile phone at the time of the loss, damage or theft.

13. Reconnection costs or subscription fees of any kind.

14. The cost of replacing any personalised ring tones or graphics, downloaded material or software.

15. Any unauthorised calls where the theft or loss has not been reported to your Service Provider within 12 hours.

Please note: if you are insuring an item without SIM card capability, all exclusions relating to SIM cards are not applicable.

16. War Risk

Terrorism, war, invasion, acts of foreign enemies, hostilities whether war is declared or not, civil war, rebellion, revolution insurrection, military or usurped power, confiscation, nationalism or requisition or destruction or damage to property by or under the order of any government or public or legal authority.

17. Nuclear Risk

Damage or destruction caused by, contributed to or arising from:

a. ionizing radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel; or

b. the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or component thereof.

18. Sonic Boom

Damage or destruction directly occasioned by pressure waves caused by aircraft or other aerial devices traveling at sonic or supersonic speeds.

19. Loss of Data or Software

Any loss of or damage to information or data or software contained in or stored on the electronic equipment whether arising as a result of a claim paid by this insurance or otherwise.

20. Any other costs that are directly or indirectly caused by the event which led to your claim unless specifically stated in this policy.19. Liability of whatsoever nature arising from ownership or use of the electronic equipment, including any illness or injury resulting from it.

21. Value Added Tax (VAT) where you are registered with HM Revenue and Customs for VAT.



REPLACEMENT

1. This policy offers replacement only and is not a replacement as new policy. If the electronic equipment cannot be replaced with an identical electronic equipment of the same age and condition, we will replace it with one of comparable specification or the equivalent value taking into account the age and condition of the original electronic equipment.

2. In the event of a valid claim resulting in the replacement of the electronic equipment, this policy will not cover the item or items of replacement equipment during the remainder of the policy year in which the claim has been settled. However, the replacement electronic equipment may be insured on payment of an additional annual premium, which will be proportionate to the value of the replacement equipment.



CONDITIONS AND LIMITATIONS

1. Unless we have agreed differently with you, English law and the decisions of English courts will govern this insurance.

2. This insurance only covers electronic equipment bought and used in the UK, the Isle of Man and the Channel Islands. Cover is extended to include use of the electronic equipment anywhere in the world up to a maximum of 60 days in total, in any single 12 month period, subject to any repairs being carried out in the UK by repairers approved by us.

3. The electronic item must be less than 36 months old with valid proof of purchase when the policy is started. If the item is a laptop, it must be less than 6 months old when the policy is started. All items must have been purchased as new.

4. You must provide us with any receipts, documents or proof of purchase, that it is reasonable for us to request. All proofs of purchase must include the make, model and serial number of the gadget and must be in your name. The company the gadget was purchased from must be VAT registered.

5. This insurance may only be altered, varied or its conditions altered or premium changed by one of our authorised officials, giving you 30 days notice in writing.

6. We may cancel the policy by giving you 30 days notice in writing. In the event of any claim you are responsible for the payment of any outstanding premium.

7. You cannot transfer the insurance to someone else or to any other electronic equipment without our written permission.

8. You must take all reasonable precautions to prevent any loss or damage.

9. Cover excludes costs or payments recoverable from any party, under the terms of any other contract, guarantee, warranty, or insurance.

10. In respect of monthly policies if the Direct Debit premium payment is cancelled or unsuccessful at any given point, no benefits shall be due whatsoever.

11. If you pay monthly and make a claim you will be required to pay the premium for the minimum term (12 months) for in advance before we can authorise any claim.



CANCELLATION

Your right to change your mind. You may cancel the insurance, without giving reason, by sending us written notice and returning the insurance documents within 14 days of it starting of (if later) within 14 days of you receiving the insurance documents.

Cancellation after the withdrawal period
If you wish to cancel your insurance after the initial period you can do so by writing to Protect your bubble 602 Cumberland House, 80 Scrubs Lane, London, NW10 6RF, or by telephoning 0845 250 5535, or by emailing [email protected].

An administration fee of £10 shall be charged.



CLAIMS PROCEDURE

1. You must:

• Notify Protect your bubble on 0845 250 5535 as soon as possible in any event of any incident likely to give rise to a claim under this insurance;
• Report the theft or accidental loss of any mobile phone or PDA, within 12 hours of discovery to your Airtime Provider and blacklist your handset;
• Report the theft or accidental loss of any electronic equipment to the Police within 24 hours of discovery and obtain a crime reference number in support of a theft and a lost property number in support of an accidental loss claim;
• Provide us with details of the claim and any other contract, guarantee, warranty or insurance that may apply to the loss including but not limited to household insurance. Where appropriate a ratable proportion of the claim may be recovered direct from these Insurers.

2. If we replace your electronic equipment the damaged or lost item becomes ours. If it is returned or found you must notify us and send it to us if we ask you to.

To help us improve our service we may record or monitor telephone calls.

WARNING:

We will process your claim under the terms and conditions of this insurance based on the first reason notified to us for the claim. If your claim is not covered and you then submit a claim having changed the reason we consider this as fraud. Details of all such cases will be passed to appropriate agencies for action.

i pay £6.99 a month. have done for the last 2 months. not a great loss if it turns out to be useless.
apparently i can also complain to these people if i don`t get satisfaction.
The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, Docklands, London, E14 9SR.

whatever, i`m going to put in a counterclaim as i think they are doing what all insurance companies seem to do.
i`ve paid extra for loss and thats whats happened.
 
i pay £6.99 a month. have done for the last 2 months. not a great loss if it turns out to be useless.
apparently i can also complain to these people if i don`t get satisfaction.
The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, Docklands, London, E14 9SR.

whatever, i`m going to put in a counterclaim as i think they are doing what all insurance companies seem to do.
i`ve paid extra for loss and thats whats happened.
 
Don't trust lockers or anything like that. The organisation will probably keep a spare key and when one gets lost, they will just cut a new one as opposed to ripping out and replacing the locks.
 
Do you have cover for accidental loss?

This is where it's at...

C. Accidental Loss

If you selected the option to pay an additional premium and insure your electronic item for Accidental Loss then if you lose your electronic item we will replace it. If you have cover for Accidental Loss this will be stated within your policy documents. Accidental Loss cover is not available on any Laptop or iPads.


You will have a £75 excess if you did. If you didn't, no hope, you are very excluded. If you did, you should be OK.
 
and your doing what every other chancer does, trying to get someone else to pay for your daughters clumsyness. where theres blame theres a claim:rolleyes: just buy her a £10 nokia phone and let her buy her own i phone when she's saved up for it..
 
This:

C. Accidental Loss

If you selected the option to pay an additional premium and insure your electronic item for Accidental Loss then if you lose your electronic item we will replace it. If you have cover for Accidental Loss this will be stated within your policy documents. Accidental Loss cover is not available on any Laptop or iPads.


goes completely against this...

WHAT WE WILL NOT COVER

1. Theft or loss:

• from any building, land, premises or vehicle unless force, resulting in damage to the building or premises, was used to gain entry or exit;


You are only ever going to lose anything (accidentally) from a building, land or vehicle (the only time i can think this wouldn't apply is if you're swimming at sea in it!) there is never going to be any force so if you have the first (accidental cover), it MUST negate the second para otherwise the accidental cover is completely pointless and actually doesn't mean anything, which would be misleading and illegal.

If you have accidental cover, you are definitely covered against accidental loss from anywhere, which definitely doesn't need to involve a violent break-in!
 
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