insurance claim refusal

blueochre

My home was broken into on wednesday this week and when I tried to claim on my tesco home insurance I was told that it was invalid as the porch (which is an addition to the house) was not locked even though the front door had all the security stipulted in the policy!
They used the term 'final exit door' in the endorsements. I am trying to argue that the final exit door to the 'house' was locked. Has anyone had any experience of this?

mikey72

Send a written complaint, ask for their final response, and if they still won't pay, refer it to the FOS. Did they break in through the porch and front door?

blueochre

The porch doors were unlocked and the reason for the refusal was that the 'final exit' door was unlocked. I don't consider it to be the final exit door as my front door (which was forced) is the last door to my house.........!

I have already recieved a final response to say they wont pay.

I dont know whos is worse...........at least the thief has only robbed me once, Tesco have managed it over the past three years!!

Quentin

If the final response is to a proper "complaint", then you can now escalate this to the FOS.

TSx

The FSA issue guidelines called the ICOBS which insurers are expected to follow.

Their guidelines explicitly say here that

A rejection of a consumer policyholder's claim is unreasonable, except where there is evidence of fraud, if it is for:
(1) non-disclosure of a fact material to the risk which the policyholder could not reasonably be expected to have disclosed; or

(2) non-negligent misrepresentation of a fact material to the risk; or

(3) breach of warranty or condition unless the circumstances of the claim are connected to the breach and unless (for a pure protection contract):

It is number 3 that is most relevant - they cannot rely on the breach if the locks on the door inside were still forced and complied with the condition as the fact the 'final exit door' did not meet them is non-material to the breach

Have they issued a 'final response' to a complaint, or just a letter confirming they will not deal with the complaint?

sunflower_2

how awful for you.

incidentally - i do the opposite and only lock my porch door (not the actual house door)

would be interesting to see what their response would be had you done it this way?

most likely the same refusal to pay out?

:mad:

adamc260

sunflower wrote: »

how awful for you.

incidentally - i do the opposite and only lock my porch door (not the actual house door)

would be interesting to see what their response would be had you done it this way?

most likely the same refusal to pay out?

:mad:

From their wording you would of locked... in their eyes the 'final' door but it wouldn't surprise me if they try get out of not paying saying the other door was unlocked!

mikey72

How exactly did they get in?

rs65

blueochre wrote: »

They used the term 'final exit door' in the endorsements. I am trying to argue that the final exit door to the 'house' was locked. Has anyone had any experience of this?

Can't say I've ever had to think about this before.

I'm not aware of the term 'final exit door' having any significant meaning in relation to security. It has a meaning in relation to fire routes and means the door giving access to the outside. I guess your porch door would be this.

As far as security goes, leaving the porch door unlocked does increase the security risk as it could give a burglar longer to open the other door whilst undetected. I think they would have a good argument that the security condition has been breached and it has made a material difference to your loss.

Still, I think you have a good argument that the contents of the house were protected by the required security but doubt any contents of the porch would be covered.

ic

rs65 wrote: »

As far as security goes, leaving the porch door unlocked does increase the security risk as it could give a burglar longer to open the other door whilst undetected. I think they would have a good argument that the security condition has been breached and it has made a material difference to your loss.

This is what I'd expect, if a burglar is inside the porch, with the front door closed, they're far less obvious, and can make noise with less chance of being heard.

ROY47

What is the last or final door you go out of when you leave the house ?

If it's the porch door then I think your onto a loser unfortunately as tesco say "final exit door"

if they ask you the same question what's your answer ?

Insurance company's are so strict these days