Home Insurance Issue - Possible Refund

TSx

If the insurer wants to decline the claim for business use, they need to prove it's business use (once you've proved an insured event has happened, it's up to the insurer to prove if any exclusions apply). Having a portfolio website and inviting people to get in touch if they see anything of interest is not proof of business use. Most amateur photographers would sell the odd photo here and there if someone asked them. The financial ombudsman are unlikely to consider this business use.

There is a chance the argument that they paid out previously and haven't this time will work - I've seen decisions where they think we've set a precedent by dealing with a certain type of claim then refusing a similar claim a few years later.

I suspect they've done a bit more investigation due to it being a second claim which is what's revealed this.

If it's already gone to their complaints team, have they issued a final decision? If so, your option is now to escalate it to the financial ombudsman. This is working on the basis there isn't any evidence they can produce to demonstrate business use.

As said above, any argument about premium beyond the cost of specifically insuring the camera equipment is likely to fail.

Keep_pedalling

gemnomnom wrote: »

OP, I think you have a strong case in that by paying a previous claim for business equipment, the insurer has set a precedent and waived their right to repudiate your claim. Did you have your website back then? If so, the info they have found on you now was also there to be seen at the first claims stage.

Hope this helps

Sounds more like clutching at straws, the OPs original claim was not for business equipment, and I suspect it was the second claim that caused them to look a bit more closely at whether the equipment was actually just being used for personal use.

Most serious amateur photographers will take out specialist insurance, because this will cover them for higher value kit than home insurance will and for taking on the odd paid job where it is wise to have public liability insurance in place.

HappySnapper7

The previous claim was for camera equipment so the precedent was set there.
I had also the claimed the year before with my previous company for two water damaged camera bodies. They investigated thoroughly and still paid out, over £3000
So I've obviously been under the impression for years that I would be covered as my circumstances haven't changed and I have had the same policy with my current insurers for three years.

paddyandstumpy

3 claims in 3 years?!

Can you take better care??

HappySnapper7

Just one of those things. The last one was just a repair, with three years passing before my next claim, also for a repair.
What's the point of paying for insurance if you can't use it?

It's actually annoying as my premiums are currently really low, the best rate i've had in five years, as I hadn't claimed.

gemnomnom

TSx wrote: »

If the insurer wants to decline the claim for business use, they need to prove it's business use (once you've proved an insured event has happened, it's up to the insurer to prove if any exclusions apply). Having a portfolio website and inviting people to get in touch if they see anything of interest is not proof of business use. Most amateur photographers would sell the odd photo here and there if someone asked them. The financial ombudsman are unlikely to consider this business use.

There is a chance the argument that they paid out previously and haven't this time will work - I've seen decisions where they think we've set a precedent by dealing with a certain type of claim then refusing a similar claim a few years later.

Agree, and OP could submit the evidence such as site stats, to the FOS/customer relations team.

It sounds like you work for an insurer; I do too and if our claims team pay a claim where information that could void the contract was available, then we are deemed to have waived our right. By paying the claim we affirm the contract.

forgotmyname

Site stats may show few visits but that could be because you have crap business skills? The working to contact you if interested in your work would say to me your looking for customers. But they will have a few questions to ask about that and your answers will be the deciding factor.

Why pay insurance and not claim, fair enough but if you had not claimed so often then they probably wouldnt have looked for a website and other information. Although maybe thats just progress in their systems?