Household Insurance Claim - Am I covered?

Richey_2

Okay.... first of all, this a true story, so if you're thinking of telling me off for something I haven't done.... save it!

I have a house with a kind of porch/outhouse at the front door. We have the outer front door, where the letters come through, then an inner front door. In the porch area is a tumble dryer and a few stored item, bike, boxes of junk, and I had my guitars in there as I had just brought them in from the car.

I was in the house the other day, and was doing some tumble drying, so the outer front door was ajar a couple of inches and I put a box behind it to stop it blowing open further.

I was in the house with my son, preparing some lunch, but I kept checking on the drying. I checked on it at one point and the door was further open and had pushed the box back, I assumed it was wind. I put it back to just ajar and left it. After lunch, I went to get the drying out and noticed 2 guitars (in cases) were missing. My first thought was I was being forgetful and I'd left them in the car. I went to check, but no.... so, presumably an opportunist thief has seen the door and very quietly had them away.

Now, I feel stupid, but the guitars were worth £550 and £400 and it was only a few minutes - but then I guess thats all it takes.

My question in this - am I covered on my household insurance? I left the door open myself, it wasn't closed or locked, so does that invalidate the claim? Also, I am paranoid that it sounds like a stupid story and the sort of thing someone might do who was making a false claim. And I have had the guitars for about 10 years so I no longer have the receipts, although I have photos of them on my computer.

Please advise me! I feel so stupid and embarrassed, but am I being stupid in not claiming yet - why do I feel like a criminal just because I probably wouldn't believe my own story!? This is what insurance is for, right? Or does the open door mean I'm not covered?

Thanks.

woodys_wonders

If I were you I would contact your Insurers & explain what has happened.
It depends on the type of policy, what cover, what limits & what policy exclusions there are.
Your Insurer will clarify this for you.

soolin

I would very much doubt you are covered, but the only ones who can tell you for sure are your insurers so give them a call and explain.

Quentin

Read the policy before you contact them - it may clearly state what precautions you are required to take, (normally theft after leaving a door open wouldn't be covered). Once you contact them, the loss goes on your history, and can cause increased premiums even if you cannot claim for the loss.

(People have had robbery claims rejected when they have left the door open/unlocked whilst in the garden)

cogito

There isn't usually a requirement in household policies that the house should be forcibly entered so on that basis, the loss wouldn't be excluded. There is however a requirement that you should take reasonable care of your property and that is where you're likely to have a problem.

dogbot

Hi Richey. I am afraid to say that I agree with the above.

Commercial property policies have traditionally always had exclusion on any theft claim that did not involve forcible or violent entry or exit to the property, and these are becoming more common in household policies these days. Have a look in your policy wording and schedule.

However, regardless of this, I thing cogito is quite correct. Every policy I have ever seen has had a "reasonable precautions" condition or exclusion involved for all losses. Your case is certainly believable, but is a good example of not showing reasonable precautions.

You could still try to claim, since "Reasonable precautions" is a contract term open to interpretation. Calling your insurer's claim department will give you a firm answer.

Without wishing to sound likea lecturing a**s, please do take note of this incident and be careful with your property, particularly when loading or unloading your car. Also, be sure to keep your property secure from now on. The thief has had the chance to take a close look at your front door and what else is in your porch so is very likely to return for a second visit!

Kittian_the_Blue

Cogito/Dogbot
I'd have to disagree with your view that the OP has failed to take "reasonable precautions", it is clear from Caselaw and the views of the ombudsman that the insured has to be "willfully negligent" and not like the OP just making a mistake - see the case Sofi v Prudential for example.
OP unless your policy wording has a specific exclusion that means you have to keep the door shut/locked (unlikely) you should be covered - it is likely though that your insurer will try to decline but let us know how you get on

dogbot

A fair point about onbudsman decisions, and I was just thinking about the same so came back to look again to mention it.

On balance though I have to say that, and sorry to be harsh to you here OP, I would still argue that leaving the door open and the guitars right there could be regarded as having taken no or inadequate precautions. For example, it could be argued by the insurer that it would not have been too difficult to carry them all the way into the house (on the basis of the story given above). But, I work in the industry, so am an old cynic!

Also, lets be clear here, if the OP has a "forcible or violent entry or exit" condition/exclusion, then this would be enough, not just mention of a shut/locked door.

I still agree with you kittian, that the OP should call and lodge a claim and see what the insurer decides. You are quite correct to point them to the ombudsman's decisions and arm them with evidence to argue around any attemt to declien.

Best of luck!

Kittian_the_Blue

agree entirely if the policy has an F&VE condition then it will not be covered - otherwise it should be - likewise I've worked in the industry for a long time and whilst cynical, giving people what their policy entitles them to is what makes my job worthwhile (it can't be the money!!!)

cogito

Kittian_the_Blue wrote: »

Cogito/Dogbot
I'd have to disagree with your view that the OP has failed to take "reasonable precautions", it is clear from Caselaw and the views of the ombudsman that the insured has to be "willfully negligent" and not like the OP just making a mistake - see the case Sofi v Prudential for example.
OP unless your policy wording has a specific exclusion that means you have to keep the door shut/locked (unlikely) you should be covered - it is likely though that your insurer will try to decline but let us know how you get on

That isn't actually my view although I can see why you thought it was. The problem is often overzealous claims staff who are insufficiently trained. It only needs someone like that to fall back on 'reasonable care' and a layperson might give up on the claim at that point even though they are entitled to be paid out.

dacouch

I agree there is a fair chance the Insurers may try and deny the claim initially under "Reaonable Precautions" (Depending on the quality of the Insurer / Staff).

However there is a good chance the Ombudsman may over rule the decision as the policyholder was actually in the home at the time so the policy holder may use the "What a reasonable person would do".

If there is a forcible entry / exit clause or a security warranty on the policy it might affect the ombudsmans view