Is There Anything I can Do? Home Insurance

DayDreamJay

I took out a home insurance policy with Ocaso about 18 months ago via the brokers Swinton.

At the time of taking out the policy I explicitly asked the brokers if my personal possessions were covered away from home and they said they were. I had some named items on the policy, my camera equipment.

About 2 months ago these were stolen from out of the back of my van. The insurance company have said that they aren't covered as they were in an "unattended vehicle."

Do I have any case at all given that I was told that they were covered away from home? Swinton didn't say I was covered away from home except from in certain circumstances, they just said they were covered.

I'm clutching at straws here but I'm desperate as photography is my passion and I cannot afford to replace my equipment

rudekid48

What does your policy say? Does it list unattended vehicles as an exclusion?

InsideInsurance

It is inevitable that there will be terms and conditions on all aspects of the policy. If you leave your camera in the park and come back the next day and its not there then technically its theft but even the police would treat it as lost property. You wouldn't realistically expect it to cover EVERYTHING.

The sales people should only call out non-standard terms and conditions and arent obliged to inform you of every single term. They will also send you a written version of the terms for you to read with a 14 day cooling off period from the inception of the policy or receipt of the terms, whichever is later.

Unless you explicitly asked for in unattended vehicle cover and they sold you this then you dont have any grounds for complaint for you having not read the terms.

Of cause, you should NOW read the term and confirm that the exclusion they are relying on is actually written in the policy. Swintons may have a different version of the wording but the standard wording on the underwriters website does cover theft from an unattended vehicle if the items are in a locked boot. Inevitably with a van there may be an argument to be had with what is the equiv to a boot.

DayDreamJay

Thanks for the advice. I knew it was a lost cause but it has taken me five years to pay for all the stuff that was stolen so I needed to ask the question

Just_Some_Guy

for what it's worth there are specialist photographers' insurance companies who are more expensive than normal contents insurers but who won't quibble about stuff left hidden in vehicles during the day. Your van insurance could cover theft of personal belongings but if it does I bet the claim limit is well below what your gear was worth

A final option is complaining to the brokers and then the FOS if you have evidence that they told you "your gear is covered outside the home don't sweat it".

DayDreamJay

Just following this up:

I got a call from Swinton last week to renew my insurance.

I asked explicitly - are my named items covered away from home, they said "yes" - I said "anywhere away from home" and they said "yes" - I recorded the phone call. If I make a complaint to the Ombudsman do I complain about my insurance company or the brokers?

Thanks in advance for any advice.

InsideInsurance

The problem is you are getting into semantics a little, "anywhere" to me is talking about a geographic location. So your question of "is it insured anywhere" to me means, is there any geographic limits to the policy.

However when assessing a claim there is also the wider circumstances that have to be taken into consideration and not just the geographical limits. As an example, you are insured for theft in the middle of a field if you are with the items. You are not insured for theft if you leave your laptop in the middle of a field unattended. In both circumstances the location/ "where" is still a field.

Often, these types of exclusions are there as an embellishment of the "reasonable care" clause, simply to avoid the necessary arguments with customers of if leaving your Rolex watch on the passenger seat of your unattended vehicle is reasonable care or not.

As your complaint seems to be more about the sales process then I'd suggest a complaint to Swinton first and then on to the Ombudsman if you arent happy with their response.


As per my previous post, the current wording of their policy on their website does provide cover if the items are locked in the boot of an unattended vehicle. Where was your kit when it was stolen? In the "boot"?

DayDreamJay

Thanks for taking the time to reply - I appreciate it.

My items were in a black rucksack. I arrived home in my van, the rucksack was in the back of the van. I was desperate for the loo so ran inside intending to go back out and unload my van but then got distracted with a phone call and other things and totally forgot. I had my van broken into that evening - the first time in 20 years - and they took my stuff. I'm really desperate as I cannot afford to replace it all and it has taken me years to buy it.

InsideInsurance

So it was in the locked boot of your van then? Or was the bag in the cabin?

DayDreamJay

It was in the back of my transit van, not the cabin.

InsideInsurance

DayDreamJay wrote: »

It was in the back of my transit van, not the cabin.

So in other words, in the locked boot of your van.... unless "boot" is a defined term in your policybook I would say may be arguable that the rear part of a van is equiv of the boot of a car. In a similar way that I would say that if you have a rear engine sports car and so your bags etc go under the bonnet instead of in the boot that you are still covered.

Is there a partition from the cabin and the back or is it straight through? Does yours have windows into the back (side or in doors)?