Failure to disclose previous claims .... home insurance cancelled

[NormalJoe]

I recently took out home insurance (Direct Line) and declared previous claims via the telephone when I took out the insurance. Months later I made a claim but was told that my claim was invalid and insurance void because I did not notify them in writing of previous claims - as per the Terms & Conditions they sent me.

 

What does the law say about this?

Can I request (similar to Consumer Credit Act 1974) request all documentation and records kept by insurance?

What remedy do I have? (they offered to pay all instalments back to me)

How does this affect future insurance?

[PGH7447]

yes you can send them a sar for all paperwork

[cazzaswfc]

Direct line are a telephone based company, I'm surprised that they wanted you to write to them regarding claims!!

 

Was this to give specific information?

 

Normally when you insure with a direct company all the information you give them over the phone forms the basic of the insurance policy. If you declared your claims then they would have based the price on this ( as well as any discount - NCB)

 

I would complain in writing, as you declared claims you have already given relevant information - follow this to the fsa if you don't get anywhere - "treating customers fairly" is something that all insurers have to do.

 

Sounds like they are trying to void your policy ( as they are stating they'll pay you back)

 

decline this, all information you give is in upmost goodfaith, you declared all the information correctly and they agreed to insure you.

[Wulfyn]

So they provided a quote to you based upon the information you gave them over the phone?

 

When your policy documents arrive did it state your claim on it?

 

Did Direct Line charge you the same amount that they quoted for?

[NormalJoe]

I completed the quote and agreement over the phone. Following them taking the first and last payment, they sent me the policy documents. The amounts charged and taken was the same as the amount quoted.

[2ltr16valve]

Are these call not all recorded ? As proof of what was said ?

 

Demand a copy of the recording and demand they listen to the recording....

 

 

Brother had a issue recently with barclays insurance, had pipe leak above kitchen ceiling that ruined the kitchen he put in about 4 years ago.... They refused to replace the kitchen saying it was part of the "building structure" and falls under "buildings" cover... but he dug his heels in and said that he owns the kitchen etc .... and should be covered. They listened to the recording when he was quoted and the lady said he was covered for flooding and anything he owns inside the property... end of case.

[cazzaswfc]

as wulfyn states - Did the documents they send include claims details as given by you?

 

If they didn't they seem to be stating that it's your duty to inform them of any mis information but I doubt very much this would stand with the FSA.

 

have you asked directline to listen to the original call, if they have made a mistake it's possible that they may have to accept fault and honour the claim.