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Insurance company not covering claim

If something has gone wrong, then you will be relieved if you took out insurance to protect you against the risk.

However you and the insurance company may have different views about whether the event was covered by the insurance. Also you may not agree on what is a fair payment.

The law expects both you and the insurer to have acted reasonably. If the insurer will not fully cover your claim you may have to take legal action against them. However the first step is a written complaint letter. Some insurers will then be prepared to consider mediation. 

For disputes of £10,000 or less our small claims service should be able to help you. To get started here is a summary of the law and a sample complaint letter.

Your rights    The insurance policy is an agreement or contract between you and the insurance company.  Your right is for the insurer to act reasonably and pay what you are entitled to. The wording of your insurance policy is the starting  point of your rights  –  it states what you are entitled to receive from the insurance company: 1: Has an event occurred that is covered by the policy? Examples include a theft, a fire or an accident. 2: Have you complied with any requirements under the policy? There will often be requirements that you take certain steps to look after the insured item. 3: How much does the insurer have to pay out?
  • Is there a limit on the value of the type of claim?
  • Is there a “new for old” clause – if there is then your right is to receive from the insurer the cost of a replacement at current prices (new item to replace old item – but still subject to other terms and conditions)
  • If no “new for old” clause, then you are only entitled to receive either a repair or the second hand value of the item (its value just before the event) – whichever is cheaper for the insurer.
However an insurance company still have to act reasonably otherwise you may have a claim for their “breach of the insurance contract” Also the law has also set some additional rules on how an insurance company must act – whatever the insurance policy says. Some examples are given below.  
What do you have to prove to bring a claim?   1: That you have an insurance agreement with the insurer that covers the event. The insurer will tell you if they dispute that an event was covered.
  • However, if the wording is unclear, confusing or poorly explained then you may still be able to claim as your insurance company must give you clear information about the policy you are buying.
2: That you complied with any requirements under the policy? For example: That you took any steps required by the insurance to look after the insured item. 3: That you provided honest and relevant information before taking out the policy – so that the insurance company were not mislead in providing cover to you. This could be about storage of the property or other background information or history.
  • However, an insurance company can’t reject your claim if you took reasonable care to answer all their questions honestly and to the best of your knowledge. If they then say you should have voluntarily disclosed information they did not ask for then you may still be able to claim.
4: In relation to your actual claim, where you dispute the insurers’ valuation of what you are entitled to – you may have to provide your own evidence to support your valuation – such as 2 or 3 estimates for the cost of replacement or repair.  
What can you claim?   The amount you can claim will be what is “reasonable” in accordance with the rules of the policy    
What is the deadline for starting a claim at court?   The policy will set the time within which you must report the event that you are claiming for. It will also set how you notify the claim to the insurer. If you and the insurer cannot agree on what they should do or pay you under the policy then you usually have 6 years from the event to start court proceedings for the court to decide if the insurer has “breached the insurance contract” and what is reasonable in the circumstances.  
Example claims  
  • Insurer refusing to pay out anything as it says the event or situation was not covered by the insurance cover
  • Insurer refusing to pay for an item they say is  not included in the policy
  • Insurer refusing to pay because of your failure to comply with the terms of the policy – such not disclosing relevant information
 

Disclaimer reminder

Please note: To give you general information about your dispute, the information given here is a simplification of a complex area of law and cannot be relied upon. Before taking action please use our Small Claims service to get specialist legal advice on your specific circumstances. See the full terms and conditions of this website

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