Trouble with travel insurance, need some advice

hankkosovo

My girlfriend and I took out travel insurance with elephant and elected to add on the additional gadget insurance that covers loss, theft and damage. The travel insurance incidentally turned out to be with another insurer/underwriter.

Anyway, I lost my phone on holiday, checked my insurance document which said I had to file a report with police or holiday resort and file a claim as soon as I got home, I did all this, reported, filed a claim and sent all requested documents, proof of purchase, of travel, etc.

A few weeks go by and the insurance company ask for additional documents, which I send, a few more weeks go by and they ask for more documents which aren't stated in the policy, I send them anyway. This goes on and on until we're 4 months after the initial claim was filed and they are still requesting documents.

We have sent everything the policy required and have refused to send any more, however the policy has one line in it which states to the extent 'the insurer my request any additional documents they want', and this is the line they are using to justify their requests.

Now the problem is, it is now 8 months since the initial claim, we have spent the past 4 months arguing with them that they do not need any additional documents. It has taken 4 months because they never return calls they say they will and every time we call there is only one person we can speak to and they are not available, the insurer decided last week that they definitely need the documents and there is nothing they can do without them.

It is impossible for me to get the documents they now require which are:

A proof that the phone was blocked by the initial phone company - I can not get this as the phone was bought on contract, then unlocked once the contract was up and has since been with 3 different service providers since then, the last of which, the contract was cancelled 4 months ago.

Proof that I live at the same address as my girlfriend. I do not live at the same address as my girlfriend and no where in the initial policy we took out with elephant does it say we need to be.

I'm at a loss as what to do, even if I could get these new documents, this is the 4th or 5th time that they have requested extra stuff, could they continue to do this forever? If so, do I have basis for a fraudulent contract?

Thanks in advance.

dacouch

"12. Creating extra paperwork
Requiring a consumer who wishes to claim on an insurance
policy to produce documents which could not reasonably
be considered relevant as to whether the claim was valid, or
failing systematically to respond to pertinent correspondence,
in order to dissuade a consumer from exercising his/her
contractual rights."

http://www.oft.gov.uk/shared_oft/business_leaflets/cpregs/oft979.pdf

hankkosovo

dacouch wrote: »

"12. Creating extra paperwork
Requiring a consumer who wishes to claim on an insurance
policy to produce documents which could not reasonably
be considered relevant as to whether the claim was valid, or
failing systematically to respond to pertinent correspondence,
in order to dissuade a consumer from exercising his/her
contractual rights."

Thanks so much! So basically what they're doing is flat out illegal, and if I quote them this, then it should get their !!!! in to gear?

TSx

You should be able to get the proof of barring from the provider who's sim was in the phone at the time you barred it - they ask for this to ensure the lost phone physically won't work. If they won't or aren't able to provide this, you should be able to get them to produce a letter confirming they are unable to provide this information for whatever reason.

You will probably find they stick to their guns even when you quote the above OFT guidelines (proof of barring can definitely be considered relevant, in my eyes). From what you've said, I suspect your claim may be being handled by the fraud department at the underwriter - which may be why they originally requested certain documents, and then requested further ones.

If you can't comply, and they won't change their stance, then you need to make a formal complaint - they then have 8 weeks to issue a final decision, following which you can take the complaint to the FOS.

I have to admit, I'm also confused as elephant travel insurance policies exclude loss, so I wouldn't have thought the claim was covered anyway

rs65

Getting a phone blocked by the network is fairly standard so the insurers could request proof and it would 'reasonably be considered relevant'.

The reason you have given for not providing this doesn't make much sense.

But as TSx says, was it covered anyway?

dacouch

hankkosovo wrote: »

Thanks so much! So basically what they're doing is flat out illegal, and if I quote them this, then it should get their !!!! in to gear?

It's only illegal if what they're asking for could "not reasonably be considered relevant" and / or they're "failing systematically to respond to pertinent correspondence, in order to dissuade a consumer from exercising his/her contractual rights".

They may try and through the claim out if you've taken cover as a couple when you live apart. However they do not define couple in the policy and if there's anything in there about needing to live together (Most travel Insurers would require this for a couple) it's very well hidden.

Elephant underwrite with Southern Rock who are based in Gibraltar.

Personally I try and avoid any Gibraltar based Insurers as it's generally an indication of the quality of the Insurance

hankkosovo

dacouch wrote: »

It's only illegal if what they're asking for could "not reasonably be considered relevant" and / or they're "failing systematically to respond to pertinent correspondence, in order to dissuade a consumer from exercising his/her contractual rights".

They may try and through the claim out if you've taken cover as a couple when you live apart. However they do not define couple in the policy and if there's anything in there about needing to live together (Most travel Insurers would require this for a couple) it's very well hidden.

Elephant underwrite with Southern Rock who are based in Gibraltar.

Personally I try and avoid any Gibraltar based Insurers as it's generally an indication of the quality of the Insurance

Ah thanks, I have looked through the policy thoroughly and there isn't anything stated that we have to live together. We DO live together, we have lived together for the past 3 years, but as we rent we change address a lot, 5 addresses in the past 3 years and the address she has put down on the insurance as her address, I have no documents to state that I live/have lived there too.

Would you be able to suggest the next course of action I should take?

hankkosovo

TSx wrote: »

You should be able to get the proof of barring from the provider who's sim was in the phone at the time you barred it - they ask for this to ensure the lost phone physically won't work. If they won't or aren't able to provide this, you should be able to get them to produce a letter confirming they are unable to provide this information for whatever reason.

You will probably find they stick to their guns even when you quote the above OFT guidelines (proof of barring can definitely be considered relevant, in my eyes). From what you've said, I suspect your claim may be being handled by the fraud department at the underwriter - which may be why they originally requested certain documents, and then requested further ones.

If you can't comply, and they won't change their stance, then you need to make a formal complaint - they then have 8 weeks to issue a final decision, following which you can take the complaint to the.

I have to admit, I'm also confused as elephant travel insurance policies exclude loss, so I wouldn't have thought the claim was covered anyway

Hmm, this policy was taken out last December so maybe they have changed their policy since then, I specifically took it out because it insured loss.

The problem is, they won't accept proof of baring from the phone company's sim that was in the phone at the time, they only want one from the original company the phone was bought with, but come this September, I haven't had a contract with them for 3 years, would I still be able to get proof of baring from them?

I have blocked the phone with Apple and offered them proof of this, but they wont accept it.

hankkosovo

rs65 wrote: »

Getting a phone blocked by the network is fairly standard so the insurers could request proof and it would 'reasonably be considered relevant'.

The reason you have given for not providing this doesn't make much sense.

But as TSx says, was it covered anyway?

Yes it was definitely covered. They want proof of baring from the company whom I originally bought the phone with, but I haven't had a contract with them for 3 years, would I still be able to get proof?

Even if they would accept proof of baring from the company whos sin was in the phone at the time, it's been 7 months since I've had a contract with them, and before I cancelled the contract I registered a new phone with them, as in - lost my phone, bought a new one, ordered a replacement sim, used it in the new phone then after a month canceled the sim contract. Would I still be able to get proof of baring from these guys?

rs65

hankkosovo wrote: »

Yes it was definitely covered. They want proof of baring from the company whom I originally bought the phone with, but I haven't had a contract with them for 3 years, would I still be able to get proof?

Surely the proof of barring has to come from the company who barred it upon your instructions?

The fact you no longer have a contract with them or have registered a new phone with them since is irrelevant.