Insurance claim rejected due to 'neglect'

xfurrier

A few years ago I purchased a sofa and, at the same time, I got convinced to buy a sofa protection policy.

Now, following an accident when paint sprayed the sofa, I'm having problems with the insurance company who just say "it's neglect - we won't proceed with your claim".

In October I repainted most of my flat, including all the walls and ceiling in the lounge. All the furniture, including the sofa in question, have been covered by protective plastic sheets and no damage has incurred to the sofa nor any other furniture.

However, my wife noticed a small area above a lounge window that wasn't properly painted - I was either rushing :rolleyes: or running low on paint. Anyway, she asked me to repaint that bit. That only required a few roller strokes. Furthermore, sofa was far enough from the area to be painted, pushed close to the opposite wall. Unfortunately, on my way down I tripped and fell of the ladders. :doh:

Could anybody advise me on this? What should I do? I'm really angry/disappointed :mad: with the insurance company (no surprises here) and their attitude. It seems to me if the damage is too great, they could just say it's neglect and stop there.

:xmastree:

dunstonh

Insurance isnt there to cover neglect. You have to take reasonable steps to ensure that an accident doesnt occur.

Your sofa protection policy probably doesnt cover you in the same way a household policy with accidental damage does. Have you got accidental damage cover on your contents policy?

cogito

Is there some confusion of terminology here? If your policy covers Accidental Damage, the loss will be covered. If it doesn't, it won't. It really is that simple.

xfurrier

cogito wrote: »

Is there some confusion of terminology here? If your policy covers Accidental Damage, the loss will be covered. If it doesn't, it won't. It really is that simple.

The policy does cover Accidental Damage (... will cover the Insured (you, your) against the cost of repairing stained or accidentally damaged fabric or leather upholstered furniture). Unfortunately, it's not that simple.

dunstonh wrote: »

Insurance isnt there to cover neglect. You have to take reasonable steps to ensure that an accident doesnt occur.

That's exactly my point - I think that I've taken all reasonable steps. However, 'neglect' is pretty wide term and open to interpretation.

Just imagine that my 2y daughter managed to get hold of, say some paint or a marmalade jar and stained the sofa? Have I taken all reasonable steps to protect the furniture?

All the furniture was covered during the main painting job in late October. I knew it will be messy, so I did everything I could. Protective sheets very pretty spotty.

For this small job (literally two strokes with mini-roller) I've done everything (in my view) what was reasonably expected. The sofa was pushed to the opposite wall, I was rolling slowly, etc. And, it was a pure accident what followed as I tripped (shoelaces) and fell down.

I know it was silly and embarrassing. However, what's the point of 'accidental damage policy' if it doesn't cover accidents?

It seems to me that the Insurers could use - and are using in my case - the 'neglect' as a blanket term for anything they don't want to repair/pay for.

cogito

Unfortunately, it's not that simple.

Yes, it is. If the facts are as you say, the loss is covered. Do not accept this repudiation.

xfurrier

Is it up to them to prove that I've been neglectful? Or, once accused of neglect, is it up to me to prove that I've taken all reasonable steps?

How should I go about this? I've exchanged a few emails/had a few phone conversations with the insurers to no avail so far.

Quote

Who are the insurers?

xfurrier

There are a few names I can find on the policy: Guardsman/Valspar (I've been communicating with them), but on the policy I can also see AIG Europe UK, Insurer Landmark Insurance Company Ltd.

BTW, the sofa was purchased in Sofa Workshop.

FlameCloud

In order for an insurer to attempt to use reasonable care clauses they must show that you have been legally negligent in your actions.

This means that you must have recognised a risk, and then taken no steps to prevent that risk from happening.

On this occasion, I think they are chancing it a bit to try and kick it out. The only thing I think they are going for is that you recognised there was a risk previously, however on this occasion you havent taken the same steps you did last time.

I would ask to make a formal complaint and follow that procedure. The details how should be in your policy booklet.

xfurrier

Thanks for that - I'll make a formal complaint and see what happens.

The two occasions weren't of the same risk levels. One was painting the whole flat (walls and ceilings) over a few days, another was just a few strokes with mini-roller - 5 mins work. For that reason the protection levels differed as well.

aharding85

IS this with Guardsman?

xfurrier wrote: »

A few years ago I purchased a sofa and, at the same time, I got convinced to buy a sofa protection policy.

Now, following an accident when paint sprayed the sofa, I'm having problems with the insurance company who just say "it's neglect - we won't proceed with your claim".

In October I repainted most of my flat, including all the walls and ceiling in the lounge. All the furniture, including the sofa in question, have been covered by protective plastic sheets and no damage has incurred to the sofa nor any other furniture.

However, my wife noticed a small area above a lounge window that wasn't properly painted - I was either rushing :rolleyes: or running low on paint. Anyway, she asked me to repaint that bit. That only required a few roller strokes. Furthermore, sofa was far enough from the area to be painted, pushed close to the opposite wall. Unfortunately, on my way down I tripped and fell of the ladders. :doh:

Could anybody advise me on this? What should I do? I'm really angry/disappointed :mad: with the insurance company (no surprises here) and their attitude. It seems to me if the damage is too great, they could just say it's neglect and stop there.

:xmastree: