Mobile phone insurance claim not the right phone

whataconniption

Dear Money Making Expert

I am having a bit of a dispute with an insurance company. I bought an iPhone 5S 16G Gold through mobile phones direct in April. At the point of purchase there was an option for one months free insurance, which I agreed to and then continued with at a cost of £6.99 a month. I received an insurance certificate describing the phone exactly, including the colour:

Make / Model: Apple Iphone 5S 16GB Gold - EE

Along with two other generic documents outlining the conditions (most of which outline the ways in which they can avoid honouring the insurance, like not reporting it quickly enough).

In mid-August I had my phone stolen, which I reported to the police, phone company and insurance company immediately. I paid the £50 excess and the company accepted my claim with no problems.

But it later transpired that they wanted to send me a grey Apple 5S as a replacement. But that wasn't what I had insured with them so I was unhappy with that. I was repeatedly told on the phone that my "policy was non colour-specific", even though my certificate clearly has the colour on. Eventually they agreed that I could wait until a gold one became available (lucky me) although they were unable to tell me when that would be.

Later I discovered that they were planning to send me a "refurbished" handset, and when I spoke to them again I was told that my "terms and conditions state that if a new handset is not available then I could be given a refurbished one".

I queried where I had agreed to terms and conditions which stated this, and they pointed me to a document which as far as I can tell neither points out that the policies are non-colour specific, or mentioned reconditioned phones (both of which they had told me verbally to be the case). I was told that this point in the document was the one that they were referring to:

Limits of liability "Should Your Original telephone no longer be available, the insurer will replace it with the nearest functionally available handset"

I feel that there is disparity between the verbal and the written conditions, which are untransparent and confusing.

Clearly the handsets are still available, even on the website that I bought it, and for around the £500 limit of my insurance (at high street prices) so I don't think that is satisfying that part of the issue (the colour) and I don't think that there is anything in "functionally available handset" that implies that it won't be new, like the phone that you are paying to insure when you agree to the terms.

I haven't had it yet but am waiting for them to confirm whether it will include the box/charger etc, which are obviously worth something in themselves.

I don't feel like it was made clear to me when buying the insurance that if I was to claim for a replacement I wasn't going to get a new, boxed, Apple Iphone 5S 16GB Gold in return, but instead will get a cheaper, second hand, incomplete, previously broken / stolen one which is clearly going to be worth less.

I think that any complaint with them really hangs on whether the phrase they have pointed out in writing can really be used to back up the information they gave me on the the telephone. Or can they just interpret that phrase however they like?

If they tell you that your policy says something which it doesn't then I assume that is some sort of breach of code, so I would love some advice.

thank you

grumbler

You can insist on the colour, but "new for old" is a special feature that insurers don't offer by default. Your stolen phone wasn't new, and refurbished iPhones are normally like new except the packaging and accessories.

Nodding_Donkey

You had the phone, box AND charger stolen?

Wow that was unlucky.

Techhead_2

There is a shortage of 5S models at the moment. It happens every year just before Apple launch their latest model.

macman

As above. It's never new for old unless stated. A professional refurb should be indistinguishable from new-the only difference is that it can't be sold as new.
If someone steals your car, you don't get a new one from the insurers.