Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder missy100 Novitiate

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    Hi, i am very upset having lost my engagement ring . The loss adjuster has just visited me and said the only problem he can forsee is the ring not being insured as it was purchased in the USA in 2005 and we don't have proof of having declared it at customs upon bringing it into the UK. He says there is statute / case law on this, but couldn't give me the details and I have google searched to no avail.

    Obviously Esure have accepted my premiums for this ring and have the valuation as proof of its existence and value, i have checked their policy and scrutinised their documentation but nowhere does it mention jewellery being bought abroad. I followed their procedure to the letter i.e. it is insured for accidental loss / damage and is a specified item on the policy.

    Can anyone please help??

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  2. #2
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    Default Re: insurer won't pay for lost ring, please help

    Wait until you get a reply from the insurers, I've never heard of an insurer refusing to pay out on something that was purchased abroad that hadn't been subject to UK import taxes.

    I'd expect the insurer to deal with the claim, so I think you are worrying over nothing

    Mossy


  3. #3
    Basic Account Holder missy100 Novitiate

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    Default Re: insurer won't pay for lost ring, please help

    I hope so thank you, I've been ill since losing it and now feel worse but yes, I should wait and see. He was very certain though despite not being able to quote the caselaw he referred to.


  4. #4
    Basic Account Holder Endymion Novitiate

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    Default Re: insurer won't pay for lost ring, please help

    I haven't heard of such a case(s) either. I have been racking my brain trying to see where the claims inspector is trying to go with this and the only thing I think he might be trying to suggest is under a principle called ex turpi causa non oritur damnum (of which there are plenty of cases).

    This is where a claim is made by the Claimant, but the claim is founded on an illegality i.e. in your case, claiming for a ring bought in the USA but no excise duty paid ( I am not saying this is what they will state or plead against you -just a thought).

    However, in order to repudiate your claim, they would have to, in essence, plead that you had committed a number of illegal acts, which are serious allegations to bring and can't imagine a claims handler making such allegations due to the ramifications of a counter claim for defamation.

    Personally I think the claims inspector is talking rubbish.

    I would do what Mossycat says and just see what your insurers say and wouldn't worry too much. If they come back to you with any sort of rubbish then let us know what they say.

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  5. #5
    Basic Account Holder missy100 Novitiate

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    Default Re: insurer won't pay for lost ring, please help

    Thank you for your replies, I have been emailed a confirmation letter of the visit and that there are further investigations pending!

    Kind regards.


  6. #6
    Basic Account Holder missy100 Novitiate

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    Default Re: insurer won't pay for lost ring, please help

    Hi, hadn't heard anything from loss adjuster so enquired where claim was up to and now have received a letter advising i am to have a second visit from a loss adjuster, does anyone know whether this is normal or not and what it would entail? I am having to take time off work and they are asking me to have the same information ready that I provided to the first loss adjuster, thank you.


  7. #7
    Basic Account Holder Itokuzu Novitiate

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    Default Re: insurer won't pay for lost ring, please help

    Quote Originally Posted by missy100 View Post
    Hi, hadn't heard anything from loss adjuster so enquired where claim was up to and now have received a letter advising i am to have a second visit from a loss adjuster, does anyone know whether this is normal or not and what it would entail? I am having to take time off work and they are asking me to have the same information ready that I provided to the first loss adjuster, thank you.
    This is a bit unusual but I have known it to happen before for various reasons, you should press your insurer for an explanation as to why another adjusters report is required.

    I have never heard of an insurer making exclusions for items purchased abroad. Did you have the ring specifically insured? Some insurers insist that higher value items are added to the policy on top of normal cover. They may refuse to cover an item, or apply a ceiling to the settlement, if no additional cover existed.

    NOTE** The original loss adjuster was talking out of turn, and more than likely talking nonsense too. He should not be discussing matters with you as he has no authority to settle your claim or otherwise... his job is to provide an assessment for the insurers consideration.

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  8. #8
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    Default Re: insurer won't pay for lost ring, please help

    Don't be concerned about a second visit. There are a lot of fraudulent claims being made, probably down to the economic downturn, so Insurers are being extra cautious before they look to settle claims.

    It could be that they are testing you, to see how you react. I have known in the past for some claimants to suddenly drop a claim, when a bit of pressure is applied.


  9. #9
    Basic Account Holder missy100 Novitiate

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    Default Re: insurer won't pay for lost ring, please help

    Hi, thanks for your replies, the ring is insured separately on the policy and they are only dealing with the claim when i prompt them - it seems like they are trying to get out of paying for it. I was just confused about a second adjusters visit as there is nothing more i could add to the first visit, the loss adjusters are Cunningham Lindsay if this makes any difference or anyone has had dealings with them? I am very upset as it makes me feel that insurance is not worth the paper its written on when you need it, but they're quite happy to accept premiums for the pleasure! Plus it's now 2 months since i lost the ring and am unable to get a replacement! I don't even think they have supplied the first report to the insurance company and am considering requesting a copy of it........


  10. #10
    Basic Account Holder Itokuzu Novitiate

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    Default Re: insurer won't pay for lost ring, please help

    Your claim is genuine so you have nothing to worry about with regard the second visit. I know Cunningham Lindsay very well. Some of the biggest insurers in the country sub contract loss adjusting work to them. They turn over huge volumes. They have probably just lost the paperwork! Loss adjusters also sometimes conduct a second visit at the insurers request just to ensure the details provided the second time are comparable to the first and also, bizarrely enough, sometimes even just to provide an opinion to the insurer as to whether you look like you could have afforded the ring in the first place. More often that not though its just because they made a pigs ear of the first report!

    It sounds like the first loss adjusters comments have unsettled you but as I said early he has no authority to comment at all. If as you say the ring is specifically insured and cover is in order they have to pay the claim. It should just boil down to negotiating a settlement figure.


  11. #11
    Basic Account Holder missy100 Novitiate

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    Default Re: insurer won't pay for lost ring, please help

    Thank you very much for your time in replying, this has eased my mind, thank you.


  12. #12
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    Default Re: insurer won't pay for lost ring, please help

    Hi There,

    Did you ever get this sorted with Cunningham Lindsay? I am going through the same thing with them. They have been a nightmare and always appear to be trying to avoid settling the claim. They really are just that... a company trying to adjust the loss down for the Insurer but they have pulled this Customs Tactic on me even after they have approved the claim. It has been 9 months of struggling with them. I have just contacted the Ombudsmanicon Service but would really like to know what happened in your case? What was the outcome after you could not provide the Customs Receipt?

    Kind Regards


  13. #13
    Site Team honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13's Avatar

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    Default Re: insurer won't pay for lost ring, please help

    Hello there and welcome to CAGicon. Missy100 hasn't been here since last year, so you may or may not receive a reply.

    It might be better to start your own thread and tell us a bit more if you can, so the guys can advise you.

    My best, HB

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  14. #14
    Basic Account Holder kingjimmerjammer Novitiate

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    Quote Originally Posted by honeybee13 View Post
    Hello there and welcome to CAGicon. Missy100 hasn't been here since last year, so you may or may not receive a reply.

    It might be better to start your own thread and tell us a bit more if you can, so the guys can advise you.

    My best, HB

    Thanks HB, well my story is pretty much the same as this except it's been going on for 9 months and the insurance company approved the claim and offered an insulting amount for half the value of the ring even though their own jewellers could not source and remake the ring with a higher budget.

    I pushed back and it was going on for sometime until recently they came out with this new customs tactic. It has been stressing me out beyond belief as I put everything I had into my fianceicon's engagement before she was mugged.


  15. #15
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    Default Re: insurer won't pay for lost ring, please help

    Just keep going with the complaint. You may have to wait for the fosicon to make a ruling, which can take many months. There are lots of jewellery related complaints being made at the moment, as highlighted on a recent consumer programme.


  16. #16
    Basic Account Holder kingjimmerjammer Novitiate

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    Default Re: insurer won't pay for lost ring, please help

    Thanks for the help guys. Although this website doesn't believe in the fosicon too much when you read the little FOS pop up. Doesn't give me much confidence but i guess all i have to do now is wait.



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