Insurer trying to wriggle out of paying

chumleywarner

I took out home and buildings contents with accidental damage cover about 6 months ago with a company who will currently remain nameless. Recently I had an accident on the garden patio when mending some fences and my relatively new tablet's screen was smashed. I immediately rang the insurer who took a detailed account of the accident and told me I was covered and to file a claim. I duly sent the item off to their loss adjuster company and they had it for over a week before ringing me to say the claim was rejected as it was in the garden and "not in the home" and that I didn't have personal possessions cover.
On their policy document the definition of Buildings/Home is
Your House, the fixtures and fittings, outbuildings, garages and greenhouses, which are all designed and only used for domestic purposes. Your buildings/home also includes the swimming pools, hard tennis courts, terraces, patios, driveways, footpaths, walls, gates, hedges and fences all within the same site at the insured address shown on your Schedule.
Also computer equipment is listed under "High Risk" items (which I do have cover for) not "Personal Possessions"

How can they reject my claim? "In my home" by the above definition includes the garden and patio surely and a tablet is computer equipment?

I haven't made a claim in over 15 years and when I do they are trying to wriggle out of it. :mad: They have offered me a paltry £30 for compensation due to wasting my time but they said I was covered so I want them to honour the agreement. There's £150 excess on the policy and the tablet was £400 new.

Do I have a case? I am willing to take it to the financial ombudsman if I have to.

TSx

Knowing which policy it is would help with checking the policy wording - I think this is esure wording though (ready to be corrected) and if so, the reason it is not covered when it is outside is that the definitions are as follows:

High Risk Items

Items that are particularly exposed to the risk of theft, which belong to your
household or which any member of your household is legally responsible for
and are kept in the home

Buildings/home

Your house, the fixtures and fittings, sheds, summer houses, garages and
greenhouses, which are all designed and only used for domestic purposes.
Your buildings also include swimming pools, hot tubs, hard tennis courts,
terraces, patios, driveways, footpaths, walls, gates, hedges and fences all
within the same site at the insured address shown in your Schedule.

They also say in the preface to the contents section

We will pay up to the sum insured
shown in your latest Schedule for loss
of, or damage to, your contents whilst
in your home caused by the following:

So this is saying the home is the property you live in - the buildings (when referred to in the wording) also includes additional items such as patios. Your items have to be "in the home" to be covered.

Not the clearest wording ever, but I do think they are correct to say it is not covered.

£30 is also in line with the Financial Ombudsmans approach to compensation, but if you wish to take a complaint further, you will need to register a formal complaint. The business will then have 8 weeks to investigate, after which time you can take it to the ombudsman.

The reason they have mentioned personal possessions is that this cover will apply outside your home, and would cover the tablet when damaged outside. Unfortunately, as you do not have it, it won't apply here.

chumleywarner

You were right that it was eSure - the reason I was being vague is to not say anything too specific and defamatory until I'd spoken to a manager which I did today. Thankfully in my case, common sense prevailed and after reviewing my two initial calls, he agreed that on both occasions I was erroneously told I was covered so it's the fault of the call handlers. He offered to refund the total cost of the tablet minus the excess and will be sending me my own broken tablet back which I could get repaired or repair myself, so I'm happy with that. I'm glad I didn't accept the £30! :j

You are also right that there is a clause that precludes damage to items in the garden but the definition of 'Home' is not clear.

Contents in your garden
We will pay up to the Policy limit shown in your latest Schedule if You suffer loss or damage to your Contents as a result of, causes 1, 2, 4, 5 and 7 to 14 in Section 1, Part B of this Policy Booklet. This section provides cover whilst your Contents are outside and in the open but still within the boundaries of your Home. yada yada yada

Of course Accidental Damage is cause 15 - not covered.
I'll pay more attention to the the policy details next time.
Thanks for replying anyway.