Contents Insurance Problem, Payout Declined. Help please?

[CHR1SW]

Hi,

 

My girlfriends flat was recently burgled and the majority of the items that stolen were purchased by myself over the past couple of years and given to her when she moved in. Now, I'm not on the insurance policy or down as being a tenant at the flat. I stay a few times a week.

 

When we started the claim I produced receipts for almost every item but the name and address on the receipts didn't match to her current address. This was because she only moved in 4 months earlier and I'd bought the items on my card, which is registered to my address. I also produced pictures of the flat with the stolen items in the background. TV, Xbox, Wii, etc.

 

She has a demands and needs statement that says she would like to protect, "items that do not belong to you, but for which you are responsible".

 

The insurance company then said this policy complies with your needs.

 

We have told the insurance company, that I gave the items to her for the flat and therefore she is responsible for them. Their reply was that she's not legally responsible for them. The vast majority of the items/furniture were given to her by family and myself. So, from their point of view nothing in the flat has ever been insured because she didn't buy them herself. Can you insure fresh air?

 

Looking further into the policy it says (this has me concerned),

 

"What are contents?

 

All of the following things are included provided that:

 

1) They belong to You or You are legally liable for them and

2) They are mainly used for private use"

 

Is she legally liable for the items because they're in her flat, plus I gave the items to her, so shouldn't they technically belong to her as well?

 

I'm just wondering whether anybody has experienced this situation or anybody has any advice?

 

Also, what is the possibility of us winning an appeal on this considering we have pictures of the items within the flat.

 

We are considering the FSA or taking them to a small claims court. Any advice on this is appreciated?

 

Thanks in advance,

 

Chris

Edited November 25, 2008 by CHR1SW

[vusys1]

if the items were given to her as gifts etc,then I'd say they were hers regardless who bought them.

 

If not Id better give back all my xmas,birthday,wedding,house moving,engagement gifts etc back as they are not mine

[CHR1SW]

I gave them to her when she moved in to the flat, so I guess you could classify them as gifts.

 

Surely she's legally liable/responsible for any item that is kept in her flat?

 

I'm sure the insurance company will try arguing that a person wouldn't give someone £2.5k of gifts, when they move in to a flat.

Edited November 25, 2008 by CHR1SW

[bobbyh99]

A vast majority of items in peoples homes are gifts. To say that they are not covered on the contents insurance is laughable!!

 

I think the Insurance company are trying it on!

 

BobbyH

[CHR1SW]

A vast majority of items in peoples homes are gifts. To say that they are not covered on the contents insurance is laughable!!

 

I think the Insurance company are trying it on!

 

BobbyH

Yeah, hopefully they'll see sense.

 

We haven't specifically confirmed that they were gifts in writing yet, just confirmed over the phone that I gave the vast majority of the items to her to have and use in the flat. They claimed she is not legally responsible for the items in this case. Surely giving someone an item for their home, is the same as giving them a gift?

[gyzmo]

I would write a letter of complaint back to them and ak then to pass the following quote onto someone senior (not a team leader - they're as bad as the advisors if not worse):

 

"Possession is 9/10ths of the law".

 

If an item is given to her and they are in her house or under her control then she has legal possesion and responsibility over them.

 

If they disagree, then offer to look after the MD's car for a week, get it nicked and then see what response you get when you use their excuse. I guarantee you will have a summons through your door in no time.

[gyzmo]

(PS - don't have the car nicked - I do not advocate theft in any form. It was a joke)

[notlam]

Which insurance company is it?

 

I am having trouble with Direct Line on contents insurance. Expect they are all the same but would be interested to know any way.

 

They dont seem to like putting anything in writing either; preferring to call me when I am not prepared and dont have all the facts to hand.

 

I am coming to realise that most insurance is just theft by another name.

[CHR1SW]

Well they've replied to the formal complaint and they are sending a loss adjuster to visit my girlfriend tomorrow.

 

We're assuming this is positive thing, is it positive considering she was at first declined and what can she expect?

[gyzmo]

They are probably doing what they should have done in the first place. I would not worry.

 

So long as you and your partner are honest there should be no problem.