Travel Insurance Claim - Rejected... Twice

[EViS]

My mother has owned travel insurance with the same insurer for a couple of years now. She has never needed to claim on it or any other for that matter. Earlier this summer, her entire rucksack was stolen amidst a crowd whilst she was standing next to it in a busy Brasilian Rio city.

The insurers kept asking (very silly!) questions and were being rather difficult. She provided all necessary evidence (incl. a police report from Brasil) and answered all questions entirely.

Eventually, they replied along the lines of 'we don't believe you' due to x & y not being consistent in your 'story'. She replied to this letter, and today received a reply with a different response why they refuse to reimburse her loss, 'she wasn't careful enough'!

Any idea where she stands here? Can the insurer's simply decide to not pay out like this, despite them being in possession with plenty of evidence (incl. receipts for the items, police report, and description by my mother)?

[vusys1]

check the policy wording,wasnt careful enough???

what would they say if the luggage went on the plane and didnt come out the other end??? do they expect you to sit in the cargo hold hanging onto your case all the way

[LemonTwist]

How was the rucksack stolen? Was any force used by the thief (ie did they snatch it out of her hand suddenly)? If that was the case, then I think the claim would have had more chance of succeeding. If your mother had put the bag down on the ground and then took her eyes off it, then it is more touch and go about whether the claim would be accepted.

[EViS]

The policy wording states something along the lines of (haven't got it in front of me at the moment), "all reasonable precautions need to be taken".

The bag was on the ground and she took her eyes off it whilst talking to her friend who was next to her.

Another thing worth mentioning is, her friend's bag was also stolen from below her feet as well, her insurance company reimbursed her without any trouble.

[LemonTwist]

Which 2 insurance companies are involved here? I'll have a look at the policy wordings online to compare them, to see why your friend's claim was successful but your mother's wasn't.

[EViS]

Insure & Go was my mother's, whilst I'll have to get back to you with her friends' insurance company.

Thanks for the effort LemonTwist!

[EViS]

Apologies for the delayed reply, her friends' insurance is Drakefield.

[LemonTwist]

It looks like Drakefield don't have an online policy document, but Insure & Go do.

There are 2 clauses it could come under:

1. Unattended
When you cannot see and are not close enough to your property
or vehicle to prevent unauthorised interference or theft of your
property or vehicle.

2. Loss or theft of personal belongings or baggage while not in
your control or while in the control of any person other than
an airline or carrier.

It is true that your mother could not see her bag when it was stolen, but if it was on the ground near her feet, then I don't see how they could say she wasn't close enough to it to prevent it being stolen.

You can appeal the decision by writing to them:
The Customer Relations Manager
InsureandGo Travel Claims
PO Box 5775
Southend-on-Sea
Essex
SS1 2JY.
Phone: 0207 748 8595
E-mail: complaints@insureandgo.co m

[EViS]

Apologies for the long wait in replying, I've been abroad since replying last. LemonTwist, thank you very much for looking into that for me. There last reply stated a new reason for not paying out (page 7 under 'General Conditions', Item 5):

You must take all reasonable steps to avoid or reduce any loss which may mean that you have to make a claim under this insurance

.

They feel that all reasonable steps to protect the property were not taken given that the bag was on the floor whilst talking to a friend and when the bag was taken, along with the friends, neither of them noticed.

I'l ask my mother tol write to the above name & address now, however I feel it's about time a threat was in order? But what sort of threat?

ps. again sorry for the long delay.