insurance from a robbery

sscrabble

I had some jewellery in an auction house last october. The auction was burgled and my jewellery was stolen. They have since caught the culprits but did not recover the jewellery.

The auction house was insured but I have still not been paid out. They say they cannot get the insurance company to pay out - the insurance just keep saying these things take time --- nine months ??!! Apparently they have not even agreed or discussed a figure with the auction house yet (they lost £10000 plus in cash from the safe).

Is there any action I can take , or is this the norm. Do I just have to wait ? Is there anyone I can contact (I presume the insurance company would not have any obligation to talk to me, or would they ?)

misssarahleigh

I would personally assume that the auction house is responsible for paying you, and they claim off the insurance to get that money back. I see no reason you should be waiting for the insurence company. Your contract was with the auction house. The only reason I can see for this is that they don't have the money to pay you until they get paid.

Have they agreed a price for your items alone?

sscrabble

they haven't , but the expected price would be the reserve price less commission. They are a small auction, and lost substantially themselves , so I am sure they need the insurance to pay them to pay me out. My biggest worry would be that they get (or have already ) been paid out by the insurance , but do not pay me out.

But how on earth do I find that out - or find out when the insurance are going to pay out. Do I have any rights to talk to the insurance company ? ( is there maybe an ombudsman who could query this on my behalf)

paddyrg

You can always take the auctioneer to court, their dealings with their insurer is their business, not yours.

sscrabble

not much point if they have not got the funds to pay me though - just more expense !

pmduk

The court case would certainly focus their attention on getting paid by the insurer to settle all outstanding claims.

sscrabble

Been nine months now - they are still saying the insurance company have not delivered or even agreed a settlement -- could anyone suggest the most effective way for me to handle this ?

misssarahleigh

At this point I would tell them sorry, but you will have to pursue your costs through the court as you cannot possibly wait.

Obviously the insurance company cannot deal with you directly (i assume u haven't spoken to them) so you only have the auctions house word that the case hasn't been settled. You have no idea what the contract says about how long it takes for an agreement to be made.

If they are still trading, they must have some money somewhere. How much were your items worth?

At this point, I personally would think they are either 1. telling pork pies or 2. they are still waiting but more than likley have the money to pay you, just don't want to.

sscrabble

its over £4000 !!

timbo58

whilst it sounds reasonable the price 'reserve less commission' surely the auction house hasn't actually done any work towards that 'commission'? other than storing the said items awaiting the auction, insecurely it seems.
Hence I would argue for the reserve price back with no deductions.
Worth a try?

misssarahleigh

sscrabble wrote: »

its over £4000 !!

I think starting a small claims is the only way to go i'm afraid.