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Non disclosure of prior home claims


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Hi All,

 

I need a bit of help with this as its quite complicated.

 

I took out a home insurence policy with Tesco on thier standard cover on the 17th Dec 2012. i added on £14,000 for unspecified items cover away from the home.

 

A month later i relised that i had made a mistake when reading the small print it stated that this was a total claim limit and wouldnt cover what i wanted. I rang Tesco and explained the situation. The advisor told me the best thing to do would be to cancel the current policy and start a new one where i could specify the item i wanted covered. She did this and changed the policy to thier 'Finest' as this was the only policy with a high enough limit.

 

Unfortunatley whilst i was on holiday i lost the said item (watch). I did all the right things like inform the police, inform the ferry operator and then submit the claim to the claims line.

 

I now have had a letter from AXA's technical underwriter stating that i didnt disclose the 4 previous claims( 2 x accidental damage, 1 x loss, 1 x theft) and had they had known they wouldnt have accepted the policy. They want an explantion as to why i didnt disclose this information and that they could void the policy from inception and remove all benefits.

 

Now the issue i have is, the first policy was cancelled. A brand new policy was set up by the Tesco advisor. As far as i am aware she did not ask any questions relating to prior claims. As far as i am concerned the material non-disclosure was inadvertent due to the error on the part of the advisor.

 

where do i stand in respect of the policy with AXA?

 

any help would be great.

 

Thanks

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Ask Tesco for a copy of the phone recording, by submitting an SAR. They should have asked the questions and failing to do so may mean that AXA have to consider the loss, caused by Tesco acting as their agent making the mistake. AXA may then say that you had the opportunity to correct the wrong information, as when the policy was sent to you, it included a statement/declaration confirming the information that was used to issue the policy. You should have realised about the non disclosure. Did you disclose the claims on the first Tesco policy that you had ?

 

Think you will have a fight on your hands and you may have to take this to the FOS. I am not standing in judgement on this, but if I were dealing with this claim/voidance issue at the Insurance company, I think I would repudiate the claim and void the policy. I did use to have this responsibility for a major Insurers and based on the info you have given, I would struggle to think that you had inadvertently not disclosed the claims. But I would check the first Tesco policy to see what was disclosed on that first.

 

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/46/46_non_disclosure_insurance.htm

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Hi,

 

The first policy was cancelled by Tesco as there was a problem with it and Tesco made a new policy over the phone. I pretty sure that the advisor didnt ask me about claims when setting it up. I didnt check the documents that came though on an email, i suppose wrongly due to having a lot going on at work and sorting the holiday out it slipped my mind.

 

The letter AXA have send me regarding the non disclosure relates (according to the policy number the letter) to the 1st policy with Tesco that was cancelled and prior to the the new one being set up.

 

Previous insurer for the claims was M&S. They didnt refuse renwel, only an increase in premium.

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How was the first policy taken out, and did you disclose the 4 claims when it was taken out (this has been asked several times but I'm not clear from your last post on the answer)?

 

If you did, you can argue that they knew about them and I suspect the FOS would uphold a complaint on that basis

 

If you didn't, I don't think you'll get anywhere - very few insurers would quote with 4 previous claims.

 

Make sure that for any replacement insurance you are declaring you have had a policy cancelled.

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