E&L declined claim but policy wording is ambiguous

lisyloo

I was under the impression that scenarios like this were the reason to get one

I agree with you and I think pretty much everyone does.
Unfortunately it appears you have an insurer with a very poor reputation.

I would recommend either Hiscox or Chubb next time.
They won't be cheapest, but apparently they can send someone round with a cheque book who has the discretion to pay on the spot for small claims.

duffpaddy

Quite right and it's my own fault for not doing my research.

I took the decision to get insurance with E&L after a cycling website endorsed E&L. They truly are dreadful so I might try and contact the website owners and recommend they remove the link for E&L but continue to recommend CycleGuard. I wouldn't want any other cyclists to have to go through what I am going through now. Getting back on the tube has been both an unpleasant and expensive experience. I really miss the freedom of the road.

dacouch

Here is a thread where E&L r[STRIKE]Chief Rejection Manage/STRIKE] Claims Manager apparently intervened.

I think I have found the relevant policy information for your cover and it could be classed as unclear in relation to you locking it at home.

http://www.eandl.co.uk/leisure-and-lifestyle/cycle-insurance/policy-information

Requirements at Your Home
All Equipment
1. Premises housing insured items must meet the following requirements.
(a) A lock approved to British Standard 3621 or a mortice deadlock, of at least five levers must be fitted to all entrance doors;
(b) Key-operated security devices must be fitted to all opening windows, openings, skylights and the like on all floors including basements;
(c) When Your household has retired for the night (or in any event between 9pm and 6am) the bicycle must be kept inside Your home and all external doors and windows must be secured as above, except occupied bedrooms on the first floors or above which may have one window locked ajar for ventilation. Any alarm system must be fully operational and ’set’.
(d) Be constructed of brick, stone, slate or tile.
2. If the Bicycle is stored in a communal hallway it must be locked by means of an Approved lock to an immovable object.


I would read that as you either abide by 1 if it's in the actual house or abide by 2 if it''s in a communal hallway. If that is the case then section 2 does not state that access to the communal hallway must be a locked door.

P.S The E&L recommend a friend has amused me, how to lose a friend...

tyllwyd

I'd argue that the communal cycle store is part of the communal hallway for the building - if the cycle store did not have its own door, and it was just an alcove off the hallway, it would be covered, so the fact that it has an additional internal door surely makes it less easy to access by a thief, rather than easier. As long as the cycle was locked to an immovable object when it was stolen, then I can't see why you wouldn't be covered. I'd say that the bicycle was 'in the communal hallway, within an area designated for bicycle storage'.

duffpaddy

@dacouch - jolly good point! After all the emails and phone calls I've had with E&L I was starting to believe that maybe they were right. That wording in the policy not only confirms that I was in complete compliance of the security requirements, it also doesn't give E&L any reason to deny my claim.

@twllwyd - that is exactly the case that I am going to argue. The communal hallway had a specific designated area for bicycles which happened to be called the communal cycle store.

Thanks for your help everyone. I'm ready to take these guys on with renewed vigour and gusto!!

dacouch

As you are not in the position to buy a new bike, I assume you are using public transport. If this is the case make sure you keep all of your receipts as it might be possible to claim these back from E&L should the Ombudsman rule in your favour if he deems that E&L have acted unreasonably. If you go down this route make sure you mitigate your losses eg be reasonable with what you claim for.

I would mention in your official complaint that you are incurring losses eg public transport costs and as they have declined the claim unreasonably you will be looking for them to reimberse these costs. This may help apply some pressure on them.

It may also be worth point out that under the Unfair Contracts Law if a contract is unfair / ambiguous they tend to interpret it in the consumers favour (The Ombudsman generally uses the same principle).

duffpaddy

Blast - I can't believe that didn't occur to me. I'll start collecting receipts from now on.

Would bank statements showing payments made to Transport for London suffice?

dacouch

They might be accepted.

I would suggest you also keep a diary of trips you have made along with the costs, time they took (It may be they take a lot longer than riding) and also importantly what trips you would have made if you had a bike but could not because of the lack of a bike.

There is no guarantee but with the above information the Ombudsman might award you all or some of the transport costs and possibly an amount for the inconvenience eg extra time it took and the trips you also missed out on.

Being prepared so you have good evidence can pay dividends should you take it to the ombudsman, you could even get some brownie points with Lisyloo and put your transport costs on a spreadsheet.

When you make your official complaint I would mention you are keeping accurate records of additional expenses and time spent due to the claim and that you intend recovering this from E&L. This may prompt them into action if they realise they are on sticky ground to pay out to reduce the costs and also gives you some bargaining power.

lisyloo

Mention the ombudsman in your complaint.
You can't go there until you reach "deadlock" but it will cost them money and they may take you more seriously if they know you are aware of your rights.

I am quite good at complaints and have found that demonstrating awareness of your rights can really help (spreadsheets are good too - but I'd take that as tongue in check).

duffpaddy

Thanks for all your help.

I'll crack on with lodging an official complaint and will let you know how I get on.