Voided insurance and ombudsman - do i take the refund ?

NicolaMC76

Hi, I am taking the lovely people at Policy Expert to the ombudsman as they have voided my policy 

they want to give me the refund back (which would be helpful right now) but can I claim this while waiting on the Ombudsman??

Thanks 

DullGreyGuy

If the policy is voided you typically are not entitled to a refund... the law (CIDRA) explicitly states no refund if the policy has been voided for intentional or reckless non-disclosure (ie you didnt tell them about points on your license or a previous claim etc)

dunstonh

NicolaMC76 said:

Hi, I am taking the lovely people at Policy Expert to the ombudsman as they have voided my policy 

they want to give me the refund back (which would be helpful right now) but can I claim this while waiting on the Ombudsman??

Thanks 

Providers generally follow the FOS guidelines when it comes to voiding policies  (in particular due to non-disclosure).   So, if Policy expert are following the FOS guidelines, what do you hope to achieve by going to the FOS?

Also, what was your complaint outcome as you cannot go to the FOS unless you have complained and had a response from Policy Expert first (or its been longer than 8 weeks since you complained)

Most voids are due to non-disclosure.  Intentional non-disclosure gives you no refund.  Accidental non-disclosure gives you a refund.

DullGreyGuy

dunstonh said:
Most voids are due to non-disclosure.  Intentional non-disclosure gives you no refund.  Accidental non-disclosure gives you a refund.

CIDRA differentiates between reckless and careless... 

No one will ever be able to prove what someone does or doesnt remember hence reckless non-disclosure is treated the same as intentional. It also covers off the plauseable deniability defence... didnt declare your NDs convictions because you didnt ask them but you're sure they'd have told you about it anyway had they had any, that wouldnt be intentional but is likely reckless.


As an aside, there are a lot of FOS cases on undeclared vehicle modifications where the car was bought secondhand and so the new owner claims not to know what was factory fit and what was post manufacture by the prior owner... ombudsman opine a pair amount on if it should have been obvious if the whalefin spoiler was original or not on a Robin Reliant 

NicolaMC76

Careless non disclosure on home insurance policy... They are claiming there had been a crack on the house repaired, however not a crack it was building work ( removal of a window and installation of a door ) hence going to ombudsman 

so do if I get the money back can I still go to the ombudsman ?

DullGreyGuy

NicolaMC76 said:

Careless non disclosure on home insurance policy... They are claiming there had been a crack on the house repaired, however not a crack it was building work ( removal of a window and installation of a door ) hence going to ombudsman 

so do if I get the money back can I still go to the ombudsman ?

So that would be a non-non-disclosure rather than careless, building work doesnt have to be declared whereas presumably they are saying its a crack related to subsidence/ground movement and therefore was declarable. 

I am not sure how you'd get your money back legitimately in the interim but were you able to do so that wouldnt preclude you from continuing the action with the ombudsman on the fact the policy has been voided. The financial implication of having to declare a policy has been voided is going to be vastly higher than the loss of one years premium. 

To state the obvious, when you buy your replacement insurance, or renew any other insurance you have, you will have to declare the void policy until such time as the ombudsman makes their decision.

NicolaMC76

DullGreyGuy said:

NicolaMC76 said:

Careless non disclosure on home insurance policy... They are claiming there had been a crack on the house repaired, however not a crack it was building work ( removal of a window and installation of a door ) hence going to ombudsman 

so do if I get the money back can I still go to the ombudsman ?

So that would be a non-non-disclosure rather than careless, building work doesnt have to be declared whereas presumably they are saying its a crack related to subsidence/ground movement and therefore was declarable. 

I am not sure how you'd get your money back legitimately in the interim but were you able to do so that wouldnt preclude you from continuing the action with the ombudsman on the fact the policy has been voided. The financial implication of having to declare a policy has been voided is going to be vastly higher than the loss of one years premium. 

To state the obvious, when you buy your replacement insurance, or renew any other insurance you have, you will have to declare the void policy until such time as the ombudsman makes their decision.

Yeah basically they decided to void the policy because of a crack, I kept asking what crack and then in the final letter they sent proof from google maps showing what they had decided was "proof of a repair" which was actually where some decorative bricks had been moved so as not to leave a giant hole in the wall when the door was fitted! very irritating 

Already re-insured with the Co-op, and discussed the whole thing with them when insurance was taken out.. and yep far higher premium

DullGreyGuy

Will be car insurance etc too when they come up for renewal.