Galaxy S3 Insurance claim declined -- need advice

rs65

Your appeal is simple. They have declined as it was stolen whilst unattended in a public place.

You dispute that it was a public place. Everything else is irrelevant.

dacouch

spacey2012 wrote: »

To be completely honest, the only insurance worth paying for is what you are required to have by law.
The plan behind it suggest you will only lose money or they would all be broke.

That obviously does not apply to everyone, I had a very large fire at my first home about a year after I bought it. The claim was in the region of £70k and my Home Insurance premiums have averaged £250 so I would need to live to over 300 years old to be out of pocket from my Home Insurance.

Quentin

spacey2012 wrote: »

It is not unusual to have to bring a small claims court against insurance to get them to play ball.
Issuing a NBA against them for non contractual performance to the value of the claim may wake them up.

Only go down the court road at this stage if you are 100% sure of winning. If you lose then you will have lost all the court costs and have to pay the winner's allowable expenses.

Better to follow your original plan and make your "appeal" a "complaint" and take it all the way first.

This will cost you nothing (even if the fos rules against you) and if you win the insurer must comply with the fos. You don't have to abide by the fos so can still then use the court if you are determined to go to the bitter end.

custardy

dacouch wrote: »

That obviously does not apply to everyone, I had a very large fire at my first home about a year after I bought it. The claim was in the region of £70k and my Home Insurance premiums have averaged £250 so I would need to live to over 300 years old to be out of pocket from my Home Insurance.

totally agree
house down the road was a total loss to fire and is being rebuilt right now
would be worth in the area of £350K

dacouch

Quentin wrote: »

Only go down the court road at this stage if you are 100% sure of winning. If you lose then you will have lost all the court costs and have to pay the winner's allowable expenses.

Better to follow your original plan and make your "appeal" a "complaint" and take it all the way first.

This will cost you nothing (even if the fos rules against you) and if you win the insurer must comply with the fos. You don't have to abide by the fos so can still then use the court if you are determined to go to the bitter end.

As above.

You can't go to court and then use the Ombudsman who tends to look at whats fair rather than what the law says.

If you're not happy with the Ombudsman you can then go to court.

Tirian

dacouch wrote: »

I'm surprised they did not decline under this section.

"Unattended
Whilst the Telephone is not being used or held by You, or on Your person, or You are not in a position to prevent interference to the Telephone other than when in a locked room or
locked cupboard or glove compartment or boot in a locked vehicle as highlighted in Section 6.2, Security Requirements."

This is not an exclusion, just a definition of what they mean by "unattended". The exclusion is if the phone is left unattended in a public place, which is the matter that is in dispute.

There is no dispute that it was unattended - but that in itself is not grounds for refusing the claim, on their policy terms.