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Phone Insurance Claim Rejected - Is this "negligence"?


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I recently had two mobile phones stolen from my car during a trip to the US. Both phones were in the glovebox and the vehicle was locked. However, the hotel had valet parking, which meant that the keys were left with uniformed parking attendants on duty. I noticed the phones were stolen the next morning, when we were leaving the hotel.

Police were called, crime ref number obtained, airtime providers contacted, and claims made - all within the insurance company's timeframes.

While the claim was being processed, I received a call from the insurance company, asking for exact dates of discovering the incident, reporting it to police, return to the UK, and making the claims. I felt they were looking for a reason to reject the claim, but as mentioned earlier, everything was done within suggested timeframes.

As a result, my claim was rejected on the basis that my phones were left unattended in a "public place". When I pressed the insurance company further, they changed their reasoning and said that the claim was rejected because the keys were left with the parking attendant on duty (they labelled this as negligence). As far as I am concerned, I feel that I have taken all reasonable precautions in this case by ensuring the phones are in the glovebox, with the vehicle locked.

I have appealed their decision as this is utterly unacceptable!

By the way, there is no definition of negligence in their terms and conditions. Obviously, the definition can be subject. Merriam Webster dictionary defines negligence as "failure to exercise the care that a reasonably prudent person would exercise in like circumstances".

Any thoughts/opinion?

 

 

Here are relevant points from their terms and conditions:

The policy covers:

3) The cost or replacement in the event of:

- Loss

- Theft

4) The phone wherever you are in the world. Repair or replacement of the phone will be arranged upon your return to the UK.

Important things that you must do:

2) Take reasonable care to prevent loss of, theft of, or damage to, the phone and accessories. If it is considered that you have not done so, your claim may not be accepted.

Loss, theft and damage

Cover will not be provided for:

1) Theft of the phone and accessories from an unattended motor vehicle, unless stored in the glovebox or locked boot. The vehicle was locked and all security devices activated. Damage must be caused by the thief and evidence provided with your claim. Cover will not be provided if the vehicle cannot be secured against unauthorized entry.

3) Theft or loss of the phone and accessories where they have been left negligently or deliberately in a public place or a place to which other people have access. (the company has actually changed "negligently" to "accidentally" on the letter they sent me declining the claim).

4) Theft of, loss of, or damage to, the phone and accessories where they have been passed to someone else who you have not entrusted the phone to.

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