Claiming on previous business insurance policy

mitchino

I had camera equipment stolen from my business premises, and made a claim with my current insurers NIG. They turned down the claim and I took my case to the Financial Ombudsman. They have pointed out that the actual theft happened in October 2022, before I was insured with NIG. They say I should have made the claim with my previous insurer Aviva.
Can I make a new claim with Aviva, even though the policy I had with them ended in March 2023?

tacpot12

Yes. But you can expect Aviva to ask why you have delayed claiming. Just tell them that you didn't understand and tried to claim from NIG. 

I have to say that I'm very surprised that this got as far as the Ombudsman without NIG explaining that you should be claiming from your insurer at the time. 

DullGreyGuy

Your insurance policy will typically require you to report the loss to them at the earliest opportunity. Simply being late in reporting in itself is rarely sufficient grounds to deny a claim but if the passage of time has either worsened your losses or prejudiced the claim then that may be grounds. 

How didnt you realise where the theft was relative to your policy year? How did it get as far as the ombudsman with NIG declining based on it was pre-inception?

Inbetweeners

OP has another thread on this same incident whereby the insurer declined payout due to the theft not occuring from the business premises but from someone who bought the equipment but didn't pay for it.

Not clear which insurer this was but possibly on a hiding to nothing if they try with Aviva now.

mitchino

Yes I do have another thread. Basically at the time I decided to make a claim, my insurance broker told me to claim with NIG. I know I'm possibly on a hiding to nothing trying with Aviva, but the Ombudsman has suggested I do this as they are wondering whether it could be argued that essentially this was a case of theft by deception. They say they might consider that argument, but only if the claim is made with whoever I was insured with at the time. I have checked my old Aviva policy and it looks like I was covered for all risks.

XRS200

Why is your broker not advising you?

BarelySentientAI

mitchino said:

Yes I do have another thread. Basically at the time I decided to make a claim, my insurance broker told me to claim with NIG. I know I'm possibly on a hiding to nothing trying with Aviva, but the Ombudsman has suggested I do this as they are wondering whether it could be argued that essentially this was a case of theft by deception. They say they might consider that argument, but only if the claim is made with whoever I was insured with at the time. I have checked my old Aviva policy and it looks like I was covered for all risks.

It's quite plausible that your old policy had different coverage and exclusions than the new one.

DullGreyGuy

mitchino said:

Yes I do have another thread. Basically at the time I decided to make a claim, my insurance broker told me to claim with NIG. I know I'm possibly on a hiding to nothing trying with Aviva, but the Ombudsman has suggested I do this as they are wondering whether it could be argued that essentially this was a case of theft by deception. They say they might consider that argument, but only if the claim is made with whoever I was insured with at the time. I have checked my old Aviva policy and it looks like I was covered for all risks.

So what is it? You sold something and someone didnt pay/did a chargeback? Someone broke into your premises and stole stuff whilst the premises were closed?

Ultimately you need to read the policy terms but typically business insurance doesn't cover shoplifting, non-payment etc, these are basic low level issues that are too common to insure against. Our local coop, badly understaffed, its a daily occurrence. Theft insurance for shops etc are for those breaking in to steal goods/cash etc. 

BarelySentientAI

DullGreyGuy said:

mitchino said:

Yes I do have another thread. Basically at the time I decided to make a claim, my insurance broker told me to claim with NIG. I know I'm possibly on a hiding to nothing trying with Aviva, but the Ombudsman has suggested I do this as they are wondering whether it could be argued that essentially this was a case of theft by deception. They say they might consider that argument, but only if the claim is made with whoever I was insured with at the time. I have checked my old Aviva policy and it looks like I was covered for all risks.

So what is it? You sold something and someone didnt pay/did a chargeback? Someone broke into your premises and stole stuff whilst the premises were closed?

Ultimately you need to read the policy terms but typically business insurance doesn't cover shoplifting, non-payment etc, these are basic low level issues that are too common to insure against. Our local coop, badly understaffed, its a daily occurrence. Theft insurance for shops etc are for those breaking in to steal goods/cash etc. 

They gave something to a courier who came to collect it on behalf of a remote customer, but then the payment didn't clear.

If I remember the other thread correctly.

mitchino

Yes a fraudulent dealer sent a courier to my premises to collect camera equipment, which he was going to sell for me, but he never paid me. Unbeknownst to me, he was under investigation by trading standards at the time, and was eventually prosecuted and convicted.

mitchino

I have now registered a claim with my previous insurer Aviva, they were helpful on the phone and seemed to understand that I'd been given the wrong instructions by my broker. Time will tell if I get anywhere and no doubt I'll have to spend plenty of time dealing with another loss adjuster.

Might be chancing it, but do you think it would be worth my while making a new complaint to NIG for not spotting the fact that I wasn't insured with them at the time of the loss and causing me over a year's worth of pointless stress and anxiety?