Hi guys

This is my first post in the forum and I'm asking for some help -would really appreciate any advice anyone can offer me.

I insured my iphone 4 with Insure 2 Go around a year ago and put in a claim last week after my handbag was stolen.

They wrote to me yesterday saying my claim had been denied and referred me to the exclusions in the contract small print - below as per exact wording...

Clause 6 -Theft of the Telephone from the person unless force, pickpocket or threat of violence is used.

I had my hangbag directly next to me when it was stolen from a bar- I am usually a very careful person and always keep my handbag on my shoulder but it had slipped off when I sat down on the couch- however, I wasn't overly worried as I was surrounded by friends in the bar and honestly didn't think it was at any risk whatsoever. The horrible piece of work that stole my hangbag must have stood next to the end of the couch (I was sat at the end) and put his hand down and plucked my hangbag right from my side. I noticed almost immediately as one of my friends logged into iphone tracker as soon as I noticed the bag had gone and we tracked him to a bar very closeby, but by the time we had got there the phone had been disabled.

I had no idea that the insurance wouldn't pay out for this type of scenario or I would never have taken the insurance out. I remember speaking to an advisor when I took out the policy and specifically asked about theft- as I live in London so am aware of the hightened risk of theft in public areas- and they did not mention this exclusion, or mention anything about only paying out if the phone was 'pickpocketed'. As a woman, my phone would never have the chance to BE pickpocketed as I don't wear clothing with pockets big enough to hold a phone. As any other woman does, I use a handbag and on occasion, have to put my hangbag down- albeit next to me.

It feels very unjust for them to try to weedle out of replacing the phone when have paid for theft insurance, was a victim of crime and had genuinely taken reasonable means to protect the phone- it was inside my handbag, which was zipped and locked and was by my side in a place surrounded by friends. It was only through sheer bare faced cheek that the thief managed to commit the crime.

If anyone has any experience with contesting insurance knock backs, or experience with Insure 2 Go I would really appreciate any advice you could give me. I cannot afford to pay out to replace my phone as I was made redundant recently so I really need to fight this unfair decision.

Thanks in advance

Please stick to one post per question. Have deleted the other one

Advisors will be along shortly

Did you report the theft to the Police? Do you have a crime number?

3. SPECIFIC THEFT AND LOSS EXCLUSIONS

1. Any Theft unless accompanied by a Crime Reference number. Lost Property numbers are not acceptable in support of a Theft claim.

2. Any claim involving Theft or Loss unless reported to the appropriate local Police authorities and the Network within 24 hours of discovering the incident

8. CLAIMS PROCEDURE

Please comply with the following procedures to obtain authorisation with the minimum delay. Failure to observe these procedures will invalidate Your claim.

Important: If You or Your Immediate Family are not in possession of Your Telephone You should contact Your airtime provider within 24 hours of discovering the incident to

place a call bar on the Telephone.

Theft and Loss Claims

Notify the appropriate local Police authority within 24 hours of discovering the incident and obtain a Crime Reference number and a copy of the Police Crime report.

Hi, sorry, and thanks for your response.

Yes, I reported the theft to the police immediately and sent the crime reference to the insurance company with my claim form.

I also reported the theft to my mobile network immediately and put a ban on the phone...

The only issue is the fact it wasn't 'pickpocketed'- just need to know if there's anything I can do about this point?

All you could do is make a complaint but to be honest after looking at the terms and conditions closely, I doubt they will budge.

Most of these policies are not worth the paper they are writen on, they will always find some clause to prevent payout.

Theft is theft, but insurance companies don't see it as clear as you and I

Thanks again for your response.

God, this has just been a total nightmare- I have no money at the moment and have had to shell out replacing the items in my hangbag to the tune of around £200. The last thing I needed was my insurance not to pay out for my ndispensable iphone

I'll write a letter to them tomorrow and await any further advice.

Do you have contents insurance?

If you do check if your personal possessions are covered whilst out doors

Good idea, but unfortunately I don't have contents insurance... sigh

The wording of the exclusion is poorly written and cannot be used to decline your claim. There was a common exclusion in insurance policies that declined household theft claims where there was no evidence of a forced OR violent entry. This was meant to mean that the property had to be broken into in order to be able to claim. I believe it was the ombusdman who ruled on a case where the door was left unlocked and someone had pushed open the door to commit the theft. It was ruled that this was a forced entry as force had been used to push the door open. Subsequently all policy wordings were changed to state the exclusion as being forced AND violent entry - meaning that damage was caused (the violent bit). It would appear that your policy wording failes to exclude your claim as the bag did not move on its own and force had to be used to take it (It didnt run off on its' own).I would appeal on this basis and go to the FOS if the Insurer will not accept this.