MoreThan content insurance won't pay for a burglary

astoole18

We rent a 1st floor 2 bed flat. The 5 flat owners in the block have grouped together to freshen up the outside and in therefore scaffolding has been erected. We were burgled on Monday - the thief got up on un-secure scaffolding (as confirmed by the police) and broke a window. They took all my grandmothers jewellery, my jewellery, cash and even perfume! I contacted the insurance company yesterday who basically said as you didn't tell us there was building work you aren't covered. I'm devastated not only at the loss of my belongings but to the insurance company. They are contacting the underwriters but you just no what they will say. I can't see any mention of this in the terms - does this seem right?

angrycrow

Sounds like they are talking nonsense. The policy terms will say something like theft from the property following forced entry ie broken window. If you had left a window open they would be entitled to reject. Issue a formal complaint and if no satisfactory response within 8 weeks escalate to the ombudsman.

Zorillo

2. Changes in circumstances
Using the address on the front of your schedule, you must
tell us within 30 days as soon as you know about any of the
following:
• Of a permanent change of address
• The number of bedrooms in your home has changed
• If anyone other than your family lives in your home, if it is
a weekend or holiday home or if it is left unoccupied for a
total of more than 60 days in a year.
• If your home is not in good condition, if it requires work
other than routine maintenance or decorating or any
structural alteration or extension to your home.
• If you or any member of your family living with you has
received a conviction for any offence except for driving
offences.
• If the value of your contents increases or if the rebuild cost
of your home increases.

My bold for emphasis. The decision looks harsh, "freshening up" could be routine maintenance? you should complain.

astoole18

Thank you both for your thoughts. Oh no!! This is hideous. I’ll definitely complain. Who knew this had to be done? I’ve never claimed before on contend throughout my life and now when I need it I feel massively let down ☹️

FlameCloud

angrycrow wrote: »

Sounds like they are talking nonsense. The policy terms will say something like theft from the property following forced entry ie broken window. If you had left a window open they would be entitled to reject. Issue a formal complaint and if no satisfactory response within 8 weeks escalate to the ombudsman.

Most domestic policies will not define theft like that, or only place the restriction on cover with lodgers in the house. If they want FVE, it would typically be part of an endorsement on a modern policy.

They would only be entitled to reject the claim for an open window if this was the case (most aren't) and if not they would be onto a reasonable care clause, which will be an issue depending on the circumstances of the risk.

They are not talking nonsense - scaffolding against a building will increase a theft risk as it will typically give access to entry points not normally considered and these can be less secure. It is a harsh decision and there is likely wiggle room in their thinking, but this would depend on how they interpret the scaffolding and its requirement for disclosure.

astoole18

Thanks for your input. I’m so frustrated, we rent the property, all the doors are always secure yet because they were freshening up the outside we get punished. Is there nothing that can be done do you think? Another route for insurance? The police have already stated its due to in-secure scaffolding

Carrot007

astoole18 wrote: »

Thanks for your input. I’m so frustrated, we rent the property, all the doors are always secure yet because they were freshening up the outside we get punished. Is there nothing that can be done do you think? Another route for insurance? The police have already stated its due to in-secure scaffolding

The only 2 routes I can see are:


a. Try to get the insurance to change their mind as already suggested.
b. Hold the owners negligant for using cheap unsecured scaffolding and claim against them.

AstroTurtle

Seems like a thin ground for avoiding to pay the claim all together but definitely not unheard of.

To void since the Insurance Act they would normally need to evidence that they wouldn't have insured the property at all in the state It was at the time of the theft.

The other option is they say ok we would have underwritten it but at £XXX extra and you'll pay the extra premium.


To what extent was the "freshening up" of the property as this is probably more relevant than your disclosing and if scaffolding was erected that suggest significant repairs or alteration to the property.


Although it's not relevant to your contents as it's building work changes as such affect contents for various reasons like if there was a fire on the scaffolding or damage from the scaffolding or if the building collapsed etc that would all affect your contents and same with the theft. Without the scaffolding it may not of happened.

As for the "routine maintanence" clause i dont think you could make scaffolding fall under that as routine would be classed as simple and small scale activites.

(4) The disclosure required is as follows, except as provided in subsection (5)—

(a) disclosure of every material circumstance which the insured knows or ought to know, or
(b)failing that, disclosure which gives the insurer sufficient information to put a prudent insurer on notice that it needs to make further enquiries for the purpose of revealing those material circumstances.

(5)
In the absence of enquiry, subsection (4) does not require the insured to disclose a circumstance if—
(a) it diminishes the risk,
(b) the insurer knows it,
(c) the insurer ought to know it,
(d) the insurer is presumed to know it, or
(e) it is something as to which the insurer waives information.

Under the Insurance Act they could argue that it was a material fact and wasn't disclosed mid term. However they then have to prove that if they HAD known about it, they wouldn't of continued to insure the contents at all. That is what you should focus on because if they would have it will become a tricky battle for them as it comes down to a lot of factors such as would a reasonable person think it relevant, Was there any questions about the type of work on buildings needing to be disclosed on the schedule or SOF. They may then decide its not worth disputing and pay out. They may not.

Again I think all this depends on how extensive the works work.

lisyloo

Hold the owners negligant for using cheap unsecured scaffolding

Could somone explain the difference to me between secured and unsecured scaffolding?
How do you stop scaffolding providing access 24/7?


I guess you can take away ladders so it's not easy for a burgalar, but it can't be taken down every night.

astoole18

Ok thanks. I appreciate all the comments and advice. It’s still so raw and I’m too emotional at present to use clear judgement. Thanks again everyone

maisie_cat

When I contacted our insurance company to check whether the our scaffolding would have any impact, we were told that a break in via the scaffolding wouldn't be covered, but that was 10 years ago. I think the idea is that the 2nd floor flat would not have been burgled but for the scaffolding. You might be able to take action against the management company though.