Insurance NOT paying (QBE)

rs65

verityboo wrote: »

The insurance company has a duty to clearly ask any questions (as well as you to give honest answers)

paddyandstumpy wrote: »

Check the statement of facts (which your broker would have given you and you had a duty to ensure was correct).

As above, if a clear question wasn't asked about pending prosecutions then you should pursue that angle.

This sounds like a commercial insurance so since 12th August 2016, the duty has been reasonable search and fair presentation. As the OP is the policyholder, the reasonable search argument isn't relevant.

rs65

Your broker should be helping you. What is their view?

Maxjenkins88 wrote: »

In the terms and conditions of what the broker has given me, it said "convictions" nothing pending.

Was this examples of fair presentation?

Maxjenkins88

Underwriter and the complaint has already been done so I have taken it to the FOS. In my second term it was the case of "go,to go" same again but it was a over sight... Only 2 months with a charge hanging over me then I not guilty.... While I made the claim i got a clean record...

My brokers do think they have treated me unfairly

Sally_A

I'm wondering if there was not an automatic reinstatement of sums insured after a claim; and now broker and QBE are embarrassed that this was not raised after the first incident so looking for a new out.

Sorry, but too many call centres, not enough experienced brokers/insurance staff these days. Yes, I know I sound like an old fart - but it is true to the detriment of the customer.

And...pending charges should be declared.

Maxjenkins88

Sally what do you mean about the "Reinstatement of sums of insured"??

FutureGirl

It isn't about 'when you made the claim', it's 'when you took out the policy'

So, when you took out the policy if you were asked about pending convictions, and you said no, when it should have been yes, then they may see that you have done this deliberately.

You are also asked at renewal, if anything has changed, you need to advise them - so your renewal documents would have had all the questions previously asked, and your answers, if any answers have changed you would have needed to notify them.

Maxjenkins88

Future girl I do get that but there is a lot of variables in this....it was a simple oversight.....


however like Sally A said a "automatic reinstatement did not occur".... sums insured, did not happen due not premium rising to match my new to old equipment also... so that needs to be looked at.... it was innocent oversight and Sally A has made a very good point... they have taken very careful time to look at this... so prevents them paying out twice... disclosure of 8 weeks when the charges were abolished but they would of insured of me if I had a GBH charge... that's another thing to consider..

FlameCloud

It always astounds me the amount of people, when having been caught out after having lied about misrepresenting a risk claim it was a simply oversight.

Maxjenkins88

Flame Cloud.... its very well judging or saying very stupid things like that without "looking into the case"...almost a moron thing to say...


Why would you put 250,000 into a business and not pay a "higher premium"..... of course I would of paid it... I really don't think you own a business Flame Cloud and you just have a 9-5 job. . . so quick to judge. . . its actually a prickish thing to say to be honest

FlameCloud

Maxjenkins88 wrote: »

Flame Cloud.... its very well judging or saying very stupid things like that without "looking into the case"...almost a moron thing to say...


Why would you put 250,000 into a business and not pay a "higher premium"..... of course I would of paid it... I really don't think you own a business Flame Cloud and you just have a 9-5 job. . . so quick to judge. . . its actually a prickish thing to say to be honest

Not really - you'd be surprised at (when questioned) that is also the second line people always come out with.

People lie/forget to disclose for lower premiums all the time, and it just looks like you have been caught out.