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Travel insurance company refusing to pay out. Please help

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Hi there,

 

I undertook a year-long travel insurance policy with ace backpaker insurance and unfortunately, I recently had to make a claim. Basically, when staying in a hostel, I had a significant amount of cash stolen as I was sleeping with my wallet in my locked dorm room. I also had an electrical device stolen from my bag beside my bed. Technically in full sight.

 

The insurance company got back to me today refusing my claim stating that my possessions were not taken care of in my possession, and that I was not taking reasonable care of my items.

 

Full policy wording here: aceinsure.co.uk/common/docs/en/policywording/2008/ACE_UK_Traveller_PolicyWording_2008(d).pdf

 

This response was a surprise to me when I stated in my claim that I was in full possession of my wallet and my bag was technically in full sight. Surely that is both reasonable and within their policy wording?

 

I wondered what my next step is? Should I threaten the financial ombudsman? Also... I note that for some reason my reply from my claim comes from osg.ie. Does this mean the insurance company is registered in Ireland? Does his affect my legal standing in any way?

 

 

Many thanks in advance for any replies.

 

Full reply:

 

"Your claim has been assessed in line with the terms and conditions of your

policy

wording and we would like to draw your attention to !Section 6 Personal

Property.

 

B. Exclusions

 

Ace will not pay:

 

d) more than £150 for Valuables in total and will only pay if the Valuables

are attended

by You or are in a safety deposit box at the time they are lost, damaged or

stolen;

 

Section 7 Money

 

A. Cover

 

ACE will pay up to £200 for any one Journey if Money which is held by you

for your

personal use is lost or stolen during the Journey whilst:

i. being carried by You; or

ii. left in a safety deposit box.

 

 

4.2 General Conditions.

 

E. Your duty to avoid

or minimise a Claim

You must take ordinary and reasonable care to safeguard against loss,

damage, Accident, injury or illness as though You were not insured. If ACE

believes You have not taken reasonable care of property, the Claim may not

be

paid. The items insured under this Policy must be maintained in good

condition

and kept in good repair.

 

We note from your completed claim form and documentation that your stolen

items were

not securely stored away. In light of the above insurers are unable to be

of any financial

assistance on this occasion."

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If you live in the UK and it was sold to you here, then yes threaten them with the FOS, as you have the right to complain to them. But you have to use the Insurers complaints process first and you need to argue that the items stolen were in your possession/control when stolen. It is not your fault that someone has sneeked up on you while asleep to steal from you. The limit for the cash would the £200 and £150 for the electrical device. I have not linked to the policy wording, but as long as it does not require you to put all your possessions in a safety deposit box while asleep, then I think you have an arguable case.


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I also think you need to have made a police report with a crime no etc. to prove you have suffered a lose.

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