Protect your bubble “intentional damage” clause

Dallybally

Hi. Some relatives young kids (6 & 3) recently got hold of my son’s cheap headphones and broke them. We’re thinking of replacing with a nice pair for Xmas and getting insurance from protect your bubble. Obviously we’d also hide them when relatives around, but I notice the insurance doesn’t cover you “if you intentionally damage them”. Would some young kids getting hands on them and breaking them count as intentional? Just covering all bases. Thanks a lot. 

cw8825

No. That wouldn’t be declined. 

If they did it would be challenged and overturned

DullGreyGuy

Dallybally said:

Hi. Some relatives young kids (6 & 3) recently got hold of my son’s cheap headphones and broke them. We’re thinking of replacing with a nice pair for Xmas and getting insurance from protect your bubble. Obviously we’d also hide them when relatives around, but I notice the insurance doesn’t cover you “if you intentionally damage them”. Would some young kids getting hands on them and breaking them count as intentional? Just covering all bases. Thanks a lot. 

No, they are under age and so the law doesn't consider them capable of considering the consequences of their actions. 

In criminal law 10 is the age at which a kid can be charged with an offence, though they are treated differently than adults. Civil law is not as black and white  but certainly at 6 and 3 they won't be considered to be deliberate. 

As an aside, it's a really complex subject but often based on very out of date thinking about development and mental health. One of the worst cases I came across was a teenager who self-immolated in their bedroom destroying the home in the process. The question was therefore if going out, buying a can of petrol, pouring it over yourself and lighting a match is a deliberate act or was your mental health such that you could not have been making rational decisions? The case law used to determine such matters is from the 19th century, you'd have hoped in over 100 years our understanding had improved but as it shows planning it is considered deliberate and the claim can be declined. 

XRS200

Dallybally said:

Hi. Some relatives young kids (6 & 3) recently got hold of my son’s cheap headphones and broke them. We’re thinking of replacing with a nice pair for Xmas and getting insurance from protect your bubble. Obviously we’d also hide them when relatives around, but I notice the insurance doesn’t cover you “if you intentionally damage them”. Would some young kids getting hands on them and breaking them count as intentional? Just covering all bases. Thanks a lot. 

I think the word 'you' is key.  Does the policy define 'you'

Dallybally

XRS200 said:

Dallybally said:

Hi. Some relatives young kids (6 & 3) recently got hold of my son’s cheap headphones and broke them. We’re thinking of replacing with a nice pair for Xmas and getting insurance from protect your bubble. Obviously we’d also hide them when relatives around, but I notice the insurance doesn’t cover you “if you intentionally damage them”. Would some young kids getting hands on them and breaking them count as intentional? Just covering all bases. Thanks a lot. 

I think the word 'you' is key.  Does the policy define 'you'

No, it just says “you”, but it is called accidental damage  in the policy. I’ll make sure he’s careful with these, was just wondering. 

DullGreyGuy

Dallybally said:

XRS200 said:

Dallybally said:

Hi. Some relatives young kids (6 & 3) recently got hold of my son’s cheap headphones and broke them. We’re thinking of replacing with a nice pair for Xmas and getting insurance from protect your bubble. Obviously we’d also hide them when relatives around, but I notice the insurance doesn’t cover you “if you intentionally damage them”. Would some young kids getting hands on them and breaking them count as intentional? Just covering all bases. Thanks a lot. 

I think the word 'you' is key.  Does the policy define 'you'

No, it just says “you”, but it is called accidental damage  in the policy. I’ll make sure he’s careful with these, was just wondering. 

"You" absolutely will be defined, in 20 years never seen a single policy that doesn't. 

For example in Axa's 2023 standard home contents You/Your was defined as:

The person or people named in your policy schedule as the policyholder(s), and includes any member of Your immediate family normally living at Your home. For home assistance, and for legal expenses the definition is anyone attending university or college whose main residence is the home and all other persons permanently living within the home other than rent paying guests. Additionally for legal expenses, Your personal representatives should You die and there is a case that needs defending on Your behalf that arose prior to Your death

Dallybally

DullGreyGuy said:

Dallybally said:

XRS200 said:

Dallybally said:

Hi. Some relatives young kids (6 & 3) recently got hold of my son’s cheap headphones and broke them. We’re thinking of replacing with a nice pair for Xmas and getting insurance from protect your bubble. Obviously we’d also hide them when relatives around, but I notice the insurance doesn’t cover you “if you intentionally damage them”. Would some young kids getting hands on them and breaking them count as intentional? Just covering all bases. Thanks a lot. 

I think the word 'you' is key.  Does the policy define 'you'

No, it just says “you”, but it is called accidental damage  in the policy. I’ll make sure he’s careful with these, was just wondering. 

"You" absolutely will be defined, in 20 years never seen a single policy that doesn't. 

For example in Axa's 2023 standard home contents You/Your was defined as:

The person or people named in your policy schedule as the policyholder(s), and includes any member of Your immediate family normally living at Your home. For home assistance, and for legal expenses the definition is anyone attending university or college whose main residence is the home and all other persons permanently living within the home other than rent paying guests. Additionally for legal expenses, Your personal representatives should You die and there is a case that needs defending on Your behalf that arose prior to Your death

Fairly sure it doesn’t, click terms here https://amzn.eu/d/fe3KrgG

edit: it’s just a £20 policy for £120 headphones, not house insurance or something. Guess you might get a policy if you actually buy it but the terms here don’t say anything. 

user1977

Full terms are here (assuming it’s the same product):

https://www.protectyourbubble.com/docs/default-source/default-document-library/gadget-insurance-terms-and-conditions.m-v0-2-april-2022.pdf?sfvrsn=90e7afc6_5

From a quick look, I can’t see that “you” is given a broader definition than just the policyholder.

DullGreyGuy

Dallybally said:

DullGreyGuy said:

Dallybally said:

XRS200 said:

Dallybally said:

Hi. Some relatives young kids (6 & 3) recently got hold of my son’s cheap headphones and broke them. We’re thinking of replacing with a nice pair for Xmas and getting insurance from protect your bubble. Obviously we’d also hide them when relatives around, but I notice the insurance doesn’t cover you “if you intentionally damage them”. Would some young kids getting hands on them and breaking them count as intentional? Just covering all bases. Thanks a lot. 

I think the word 'you' is key.  Does the policy define 'you'

No, it just says “you”, but it is called accidental damage  in the policy. I’ll make sure he’s careful with these, was just wondering. 

"You" absolutely will be defined, in 20 years never seen a single policy that doesn't. 

For example in Axa's 2023 standard home contents You/Your was defined as:

The person or people named in your policy schedule as the policyholder(s), and includes any member of Your immediate family normally living at Your home. For home assistance, and for legal expenses the definition is anyone attending university or college whose main residence is the home and all other persons permanently living within the home other than rent paying guests. Additionally for legal expenses, Your personal representatives should You die and there is a case that needs defending on Your behalf that arose prior to Your death

Fairly sure it doesn’t, click terms here https://amzn.eu/d/fe3KrgG

edit: it’s just a £20 policy for £120 headphones, not house insurance or something. Guess you might get a policy if you actually buy it but the terms here don’t say anything. 

The terms are https://m.media-amazon.com/images/I/71WEV+f-kVL.pdf 

But you're right, its a basic policy and "you" in this case isn't a defined term so falls to basic common understanding.  My reading of it, not being a lawyer but having read thousands of policies, would be that it's not well drafted. The opening paragraph of the "what's not covered" is if you dont take reasonable care of it. Oddly the next text block is about reasonable care but what are listed there, including intentional damage, are not stated as examples but a definitive list. 

I'd argue it only excludes deliberate damage from the insured however they may try to argue that they are supposed to be examples and not a definitive list and that, for example, giving "expensive" headphones to a 3 year old to play with next to a paddling pool unattended isn't reasonable care. 

dunstonh

Dallybally said:

DullGreyGuy said:

Dallybally said:

XRS200 said:

Dallybally said:

Hi. Some relatives young kids (6 & 3) recently got hold of my son’s cheap headphones and broke them. We’re thinking of replacing with a nice pair for Xmas and getting insurance from protect your bubble. Obviously we’d also hide them when relatives around, but I notice the insurance doesn’t cover you “if you intentionally damage them”. Would some young kids getting hands on them and breaking them count as intentional? Just covering all bases. Thanks a lot. 

I think the word 'you' is key.  Does the policy define 'you'

No, it just says “you”, but it is called accidental damage  in the policy. I’ll make sure he’s careful with these, was just wondering. 

"You" absolutely will be defined, in 20 years never seen a single policy that doesn't. 

For example in Axa's 2023 standard home contents You/Your was defined as:

The person or people named in your policy schedule as the policyholder(s), and includes any member of Your immediate family normally living at Your home. For home assistance, and for legal expenses the definition is anyone attending university or college whose main residence is the home and all other persons permanently living within the home other than rent paying guests. Additionally for legal expenses, Your personal representatives should You die and there is a case that needs defending on Your behalf that arose prior to Your death

Fairly sure it doesn’t, click terms here https://amzn.eu/d/fe3KrgG

edit: it’s just a £20 policy for £120 headphones, not house insurance or something. Guess you might get a policy if you actually buy it but the terms here don’t say anything. 

In reality, is it worth paying £20 for a £120 consumer item that will be depreciating in value?

It would cost a fortune if you did that with every consumer item.