Home Insurance Cancelled - ADVISE NEEDED

Sharns

Hi

My home was recently broken into and in the terms and conditions of my insurance my insurance company said they will refuse to pay out if a key is left in the doors.

When the accessor came round the key was in the patio and he has included this in his report and now the insurance company are refusing to pay out.

When I questioned this and asked if this was not mentioned in the report then it would have been fine - he has took this as me asking him to remove this - now the insurance company have cancelled my insurance and claim I have tried to commit fraud.

The key was infact not in the patio door on the day of the break in, as my son had taken it out. Also this was irrelevant as the items that we taken (jewellery and cash) they could have got out through the window they came in.

I am fighting this with the insurance company, as they have also broken data protection by discussion my case with my daughter in law without my permissions - so i will be reporting them for this also.

The problem I face at the minute is I cannot find another company who will insurance me.

Has anyone faced a similar problem or do you know of any companies who will insurance me in the circumstances I have described.

I will appreciate any sort of advice.

Thanks

dunstonh

When I questioned this and asked if this was not mentioned in the report then it would have been fine - he has took this as me asking him to remove this - now the insurance company have cancelled my insurance and claim I have tried to commit fraud.

If you are asking the insurance assessor to leave out details then you are asking him to commit fraud. So, they are within their rights there.

The key was infact not in the patio door on the day of the break in, as my son had taken it out. Also this was irrelevant as the items that we taken (jewellery and cash) they could have got out through the window they came in.

Was there a sign of forced entry in to the property? i.e. broken window, forced door etc.

The problem I face at the minute is I cannot find another company who will insurance me.

You need to go to your lender as you are also breaking their terms and conditions of your mortgage (assuming there is a mortgage) and they could ask for repayment of your mortgage. That is unlikely as lenders used to have arrangements with certain insurers for high risk individuals like yourself. I say used to as its been a long time since I was in that area but I do recall it being called upon with a C&G mortgage over 10 years ago. The cost was massive though. There are special risks insurers out there that will offer cover but expect to be paying well over the odds.

Sharns

I did not ask him to leave it out.... i just asked why that was relevant, as it was clear that the back window was where the entry occured.

the police took reports to this affect as well.

I will pay over the odds as at the moment i am desperately in need of cover - does anyone know of any companies.

I will be fighting this case seperately with the company as the assessor was very under hand in the way he dealt with us. he assured us that there would be no problem with this case.

Yet when he went wway he decided to change his story.

dunstonh

Was there a sign of forced entry in to the property? i.e. broken window, forced door etc.

mattymoo

There will have been a security condition on the policy to the effect that all windows are locked, doors are locked with 5 lever mortice dead locks or equivalent and the keys removed. The suggestion is you are in breach of the condition.

The old insurance ombudsman (whose reports do not seem to be around online anymore) would rule that the breach had to be relevant to the loss. So if you had left the window open or the key in the window, and this was definately the point of entry / exit then the claim would be declined.

On the other hand, if a window was not locked but the thieves came in through the door, the window is not relevant so the claim would be paid.

Like Dunstonh it is a while (14 yrs) since I dealt with these matters but I'm pretty certain that principle still holds.

EDIT - Found some stuff for you on the new ombudsman site though.
http://www.financial-ombudsman.org.uk/publications/ombudsman-news/4/minimum-security.htm

There is more - just search in publications for Security Condition

mattymoo

Just noticed the assertion about the Data Protection Act.
Are you at odds with your DIL and therefore unhappy with the matter being discussed with her?
I'm guessing that your DIL now has the same surname as you so she could quite legitimately call herself Mrs Sharns.

ArchieB_2

Ombudsman I think - if there was forced entry then the key being in the patio door on the day the assessor came round is not relevant. How did they leave the property? Through the window?

Incidentally - where should your keys be kept?? Mine are kept about 10ft away from the back door, easy for a thief to spot. If they were in the door then that would save them 10seconds time but wouldn't be any more secure.

Sharns

I am not at loggerheads with DIL but I am not happy that they breach security on my account by speaking about it with her, with my prior permission.

The way we were broken in was through the kitchen window which was was locked securely by means of a key. So even we could not open this from inside without a key. They manager to force open this lock.

I assume they left from the patio as this was open when we got home. The police were not concerned about this, they accepted that they broke in through the window.

And like I said the good stolen were of the size that they could just have easily out out through the window - as it was just cash and jewellery stolen.

what do people advise i do? fight the case fully with my insurance company, as i feel the Assessor has well and truely stitched me up, as he was so pleasant and reassuring when he came around. he also would not let me read the report, stating that his hand writing was unreadable and so he read out this statement. When mentioned the key to us but said that was irrelevant and that claim would still be paid out. I have very angry at out he has manipulated the situation.

any further advise will be much appreciated and thanks for your feedback so far.

dunstonh

As there was forced entry that would normally indicate the key in the door should be disregarded. However, as that is the exit point and they key was in the door you made their exit easier.

I would put in a complaint to the insurance company stating that the burglars broke the window and came in that way. The fact the key was in another door is irrelevant to your claim.

If they still reject, they will then give you an opportunity to go to the FOS. Which you will follow through. That link posted further up shows that a forced entry works in your favour. However, the fact they exited by that door works against you. As it says "In our view, a policyholder who has failed to comply with the security requirements in force will not lose protection under the policy unless failure to comply is relevant to the loss".

It depends on whether they consider it relevant to the loss.