Laptop damaged whilst being borrowed - who's insurance is responsible?

Lindy_Loo_3

Just a quick question (I hope)

My OH borrowed his father's lap top and it was present in our property when it was flooded. It's obviously damaged and when the loss adjuster visited and noted the electricals etc, he asked if there was anything that we didn't "own". I obviously told him that the laptop was my father in laws and he replied that it wouldn't be covered under our policy (I have since tried to raise this question with our loss adjuster but keep getting brushed off with "it should be covered under his policy).

Needless to say, the father in law isn't too happy with us. . . .can anyone explain why it isn't covered under our policy?

Thanks again for any help.

olly300

The general consensus with insurance is that you can only insure goods that belong to you, or in your case you can only insure property of people who live in your household.

However there is a case where someone took a friend's camera on holiday and it got damaged. After a lot of wrangling with the travel insurance company they managed to get a pay out for the camera. The reason the person got the payout is that the policy they took out had a clause in that implied that they were covered for goods they were responsible for the care off even if the item didn't belong to them. (I can't remember exactly where I saw the story as it was a while back.)

So I suggest you read your insurance policy to see if it has any slightly ambiguous wording. Otherwise your father-in-law has to claim on his own insurance policy.

Lindy_Loo_3

That makes sense . . . wish the chap had said that at the time. Will check the policy just in case but otherwise I'll get the landlord to pay for it rather than ask the pa in law to claim on his insurance. . . . seems a bit cheeky seeing as it was broken whilst in our care.

Thanks olly

dacouch

As the other op said you have to have "An insurable interest" in the item.

Your father may have cover on his policy for unspecified personal effects / belongings which could cover it or possible "Contents Temporarily Removed" which might cover it.

As the other op pointed out there may be a section in your policy covering you for items in your custody or possible guests personal effects. If you tell us who your insured with we could may be look it up on their policy

Lindy_Loo_3

We're insured with Legal and General - started reading through the docs, will let you know how it goes. Thanks all

Robert_Sterling_3

Lindy_Loo wrote: »

My OH borrowed his father's lap top and it was present in our property when it was flooded.

Why would it be.

"Needless to say, the father in law isn't too happy with us."

Why?

It was not a deliberate act on your part that it got damaged.

If you want to you can pay none some or all of the loss in respect of the laptop.

Lindy_Loo_3

With all due respect would you be too pleased if you lent someone your laptop, it got accidentally broken then got asked to claim on your own insurance to replace it? I expect the answer is no.

We're happy to sort out replacing it as it was in our care despite the circumstances, we just wanted to know why it wasn't covered under our contents insurance.

dacouch

It does not look like the L&G policy covers it as it does not include Guests Personal Effects.

If there had been a written agreement between you and your father (I know people don't work like this) then it might have been covered as the policy covers your contents and items you are legally responsible for eg your son had been lent a lap top by the school and they give you a letter making you responsible for damage.

It looks like your father will need to claim under his personal possessions cover (If he has this) or Contents Tempoaraly Removed (If he has this). If this does not work you could try ringing L&G directly (Bypss the loss adjuster) and explain the circumstance to them and that you father had told you it was your responsibility and be very polite to them. L&G are one of the very best home insurers and pride themselves on their reputation. They have paid lots of claims for my clients that were not technically covered (Especially if you have been with them for a few years) but they took a decision to pay the claim as a matter of customer service. If they do this you really should respect them and give them some loyalty and keep renewing your policy for a few years. I cannot guarantee this would work as I don't know the full circumstances but I had a very large account with them and they probably would have paid this.

If its any consolation there are very few other companies that would even consider this and L&G should deal with the rest of your claim really efficiently (If not then its the loss adjuster causing the delays and you should raise more questions on this forum)

Sorry I could not be any more help.

Lindy_Loo_3

That's ok, thanks for looking at it anyway.

Will be in touch next week if the problems with the loss adjuster don't go away!

Thanks again dacouch

FlameCloud

I think the loss adjuster is wrong on this one- ask them if they are aware of something called gratuitous bailee.

It in essence makes you legally responsible for an item should three conditions be met- which in these circumstances they are. Under the bailee rules, there does NOT have to be a formal written agreement- verbal is sufficient.

Provided your contents policy covers you for items you are responsible for (and I dont know one which doesnt) you should be covered.

Lindy_Loo_3

Thanks Flamecloud - I'll add that too on Monday when I speak to them.