Travel insurance Misrepresentation claim ?

[arsen lupin]

I purchased a travel insurance policy from a UK online company- based on what they advertised on the internet-that stated

 

1.The policy would pay £2500 personal items,£400 valuables and £300 single item in its summary-(just suiting my needs).

2. The company is WHICH recommended( A big plus )

3. I could find no adverse publicity about this company (another bonus)

4. I was assured verbally that the policy was a good product-when paying via the phone.(job done)

 

Unfortunately a theft from my luggage while checked in at an airport security system has left me out of pocket. And because my bag was classed as unattended !! refuse to pay my claim. (So much for utmost good faith !!)

So when looking into the policy wording and the product details I have discovered the following.

 

1. The policy I was sent and the policy their appointed loss adjusters use to settle claims lists only £1500 personal items,£300 valuables and £250 per item (which would not have covered my personal items).

2. The company is not on the WHICH recommended list at all - it mealy has its rates quoted by them. (And this had been the deciding Factor In purchasing the policy)

3. I still cant find any adverse publicity or consumer review for this very well established firm- to discourage any purchase of their product(which for me wasn't worth the paper it was written on)

 

I feel that through misrepresentation of the above I was misled into purchasing the policy initially , that I would not otherwise have bought- (regardless of the document conditions) and have as a direct result found my self out of pocket.

 

Does anyone feel there is case to answer or have any advice.

 

I like'n it to a one armed bandit- we all complain when we lose our pennies - but if you knew the machine was fixed to start-would you still put your money in ?

[sequenci]

Hello there.

 

It's been a LONG time since I studied this area but it could be worth reading into fraudulent misrepresentation.

 

That said, unattended baggage is not normally covered by these policies generally as far as I'm aware.

 

Best wishes,

 

Seq.

[arsen lupin]

Hi Seq.

 

Thanks for your swift reply, Yes I have looked at it but need to be sure I have a firm case, some may argue that I would still have been out of pocket regardless with another insurance company- which is possibly true. But then thats assuming I wasn't misled by the current one first and hence the case.

 

Under the Misrepresentation act 1967 who would decide Negligence or Fraud ? As there is more than one misleading item, would that imply intent to deceive and therefore be Fraud ?

and how would the small claims court view such a case.

[Ganymede]

Can you give us a little more information please.

 

How exactly did the theft occur?!

[arsen lupin]

The theft happened after checking in a locked suitcase at one airport and arriving home - the only time the case was out of view was when checked into hold luggage - and why put camera/ipod's/blackberry tablet/spare watch etc. into hold luggage- the airline used only allows 5kg hand luggage, which was taken up by a far more expensive items such as a new 64gb i pad - books, clothing,duty free.

This thread is about being misled into buying a policy in the first instance, what subsequently happened I don't believe is important at this time-as that would come under cause and effect.

The cause being misled into buying a policy, the effect being not then purchasing another policy which may or may not have paid out - But I am now out of pocket.

[unclebulgaria67]

Which company is this ? Do they have several policy options ? The one you arranged may not have the limits you mention and may not be the one that was Which? recommended. Plus Which? do update their Travel Insurance recommendations about every 6 months, so the Insurers may not have updated their internet site, if they were no longer on the recommended list.

 

You need to make a complaint in writing to the company concerned and threaten to involve the FOS. If the Insurers don't resolve within 8 weeks, you can ask the FOS to take over the complaint.

 

Do you have Home Insurance Personal Possessions cover for items away from home ? If so, have you approached them to ask them about a claim, if it is worth doing so after allowing for the excess and possible future premium increases.

[arsen lupin]

'WHICH' have a short list of companies they recommend - this company is NOT one of them-it only has its rates displayed on their site ,yet the company displays the WHICH recommended image on its policy literature-misleading customers into thinking that its the company itself recommended to the consumer by WHICH.

This is legal misrepresentation and not a case for the FOS , the company in question has been trading like this for some time and has made no attempt to change anything.

As for house hold policy claims- true I could look at claiming, But I don't see the relevance in this matter ? unless someone takes a stand this company will just carry on misleading consumers into buying their policies over more suitable plans from other companies, and maybe I would now have had my claim settled.

The companies name for time being is irrelevant, but I doubt it will take anyone to long to find them on the WHICH site.

Come on guys I would Love to hear some positive legal stuff based on fact from some one in the know about such matters.

[Ganymede]

Hi,

 

It would be very helpful if you could type up the paragraph from the T&Cs relating to luggage claims.

 

Thanks.

[unclebulgaria67]

'WHICH' have a short list of companies they recommend - this company is NOT one of them-it only has its rates displayed on their site ,yet the company displays the WHICH recommended image on its policy literature-misleading customers into thinking that its the company itself recommended to the consumer by WHICH.

This is legal misrepresentation and not a case for the FOS , the company in question has been trading like this for some time and has made no attempt to change anything.

As for house hold policy claims- true I could look at claiming, But I don't see the relevance in this matter ? unless someone takes a stand this company will just carry on misleading consumers into buying their policies over more suitable plans from other companies, and maybe I would now have had my claim settled.

The companies name for time being is irrelevant, but I doubt it will take anyone to long to find them on the WHICH site.

Come on guys I would Love to hear some positive legal stuff based on fact from some one in the know about such matters.

 

Why don't you speak to the FCA about this, as what you are reporting would breach the regulatory rules that apply to advertising. It used to be the FSA Handbook, but as you know the government have replaced the FSA with the FCA. If you call the FCA they will discuss with you, how you can seek redress for this. I don't think the ASA get involved with internet advertising.

 

http://www.fca.org.uk/site-info/contact

 

You are coming across as you are just having a rant about your experience and don't appear to want to be helped in regard to the Insurance side of things, just saying it is irrelevent. If you want to go down the legal route, then why don't you just send this Insurance company a letter before action stating that you will issue a court claim against them for x sum, unless they take x steps, within say 21 days. I think I read that you have to allow 3 months for a dispute to have gone unresolved, before you can issue a court claim, so you might want to post to the legal issues folder to query this, if not anwered on this Insurance forum.

[arsen lupin]

Sorry if I give the impression of ranting - the insurance side of things you refer to can not be claimed for according to their small print, it would be a long drawn out futile waste of time and money to pursue, The insurance company in correspondence have indicated they would love nothing more than to lead me down that track.

Leaving my only coarse of action left which is to prove I was misled into purchasing their product in the first place, and my loss is a result of that.

Two weeks ago I informed the insurance company that I would be prepared to take legal action against them for misrepresentation, This time I have given them to resolve my case has just been used by them to reaffirm their position and to try and guide any legal activity away from my initial complaint.

Needless to say communications are such that I am seeking advice from you guys.

[unclebulgaria67]

Sorry if I give the impression of ranting - the insurance side of things you refer to can not be claimed for according to their small print, it would be a long drawn out futile waste of time and money to pursue, The insurance company in correspondence have indicated they would love nothing more than to lead me down that track.

Leaving my only coarse of action left which is to prove I was misled into purchasing their product in the first place, and my loss is a result of that.

Two weeks ago I informed the insurance company that I would be prepared to take legal action against them for misrepresentation, This time I have given them to resolve my case has just been used by them to reaffirm their position and to try and guide any legal activity away from my initial complaint.

Needless to say communications are such that I am seeking advice from you guys.

 

I think you are going down the wrong track, but I don't think you will accept this. So I am not sure how anyone can help, unless you are prepared to provide more details of which Insurer, what particular product your bought from them and what they have told you in their response to the claim.

 

In your position, I think you need to speak to FCA and Citizens Advice, so you can discuss this in more detail, rather than publish the details on an open public forum such as this.

 

There is an online legal company who appear to specialise in Travel and Insurance related issues. I googled Travel Insurance baggage in hold and found the company in the search results (baggage problems/xxLawyer). CAG does not allow me to mention the company or provide a link. Up to you, whether you make enquiries.

Edited April 5, 2013 by unclebulgaria67

[Crazy Diamond]

You're putting the cart before the horses.

 

Wouldn't you rather be able to claim for your stuff back rather than going down the misrepresentation route?

 

Please post the T&Cs of your policy.

Please post a screenshot of the site from which you read the wrong amounts. (blank out the company if you really don't want us to know, but I fail to see why it's such an issue)

 

You want positive legal advice? This is it. Make sure you have covered all the issues before you engage on a long and potentially expensive lawsuit.

[arsen lupin]

Sorry folks Please feel free to check the T&C's and policy variations over -see attachments attachments and maybe review the companies web site, After my last correspondence via email where I stated what I thought- obvious findings, They added a 'we give notice' at the end of theirs -basically put up or shut up, as I understand it.[ATTACH=CONFIG]42934[/ATTACH][ATTACH=CONFIG]42935[/ATTACH][ATTACH=CONFIG]42936[/ATTACH][ATTACH=CONFIG]42937[/ATTACH][ATTACH=CONFIG]42940[/ATTACH]

[TSx]

Have you spoke to which about the issue of them using the recommended provider logo when they don't have that status?

 

I think you'll struggle on a misrepresentation claim - although they may have induced you into making the contract based on being which recommended, if you'd have gone with anyone else, they have the same sorts of conditions

 

e.g the condition which I presume they have applied to your claim is...

 

[no cover for]... "valuables carried in any suitcases, trunks or similar containers when left unattended."

 

First Direct (who are a which recommended provider) have a condition

 

[no cover for]... "loss or theft of personal belongings or valuables which you have left unattended"

 

Both have a similar definition for unattended which covers any situation where you cannot see the items, or you are unable to take any action to prevent loss.

 

So it's difficult to see how they've actually caused you harm - I suspect if I have a look through the other recommended which policies they will have similar exclusions.

[unclebulgaria67]

Bengo Travel are listed in the current Which guide.

 

http://www.which.co.uk/money/insurance/reviews-ns/travel-insurance/europe-single-trip-travel-insurance/

 

From when I was a member of Which, I think I do remember something that said that Which would not list any company they could not recommend. Whether Which allow Bengo to use their image on their website, this is something that only Which can answer. May I suggest that you contact Which to ask the question. I agree that a Which recommendation does not infer anything about the Travel Insurance policy, which you should have read fully before buying.

 

The loss adjuster/claims handler just appears to have been given the wrong policy. However, I expect that the exclusion in regard to unattended valuables in checked in baggage is standard and they would never consider a claim. Bengo do make it clear in their policy, that the personal possessions cover is not intended to replace Home Insurance coverage which is often more comprehensive. Reading on the FOS site, makes me think that they accept Travel Insurers to exclude cover for thefts from checked in baggage and will go by what is said in the policy wording.

 

I agree with TSx. I don't think you will get anywhere with this claim, which relates to a common exclusion. Make enquiries with your Home Insurers, as I am sure a friend of mine had a similar problem under Travel Insurance and they managed to make a claim on Home Insurance.

[Brownguy53]

you should go with one assist insurance- i used them recently for my grandmother and they were fantastic

[arsen lupin]

Thanks guys

I have contacted WHICH and explained the situation,Yet two weeks later and still no reply.

It looks like this company will carry on making millions as their policies and marketing are so clever, I cant even find one wrong word about them - 'online reputation management' maybe, who knows !!

looks like this one will have to down to bitter experience.Oh I don't suppose anyone who read into the policy could shed some light on page 14 B4 where it tells you what the 'essentials' policy will not pay out on- but does not say what the 'optimum' policy I had -would pay out on ? and I think a letter to the FCA wouldn't be a total waste of time-thanks Unc.

[Crazy Diamond]

Right, just spent a while going through the documents you added, thanks for that.

 

In no particular order: The policies are different from the one you got online to the one they sent you by e-mail, but it's because one is version 1 and the other version 3 (You can see that by comparing the ref number towards the end of the policy, under the master policy number). You don't say how long ago you booked, but I would put it down to carelessness, not deliberate: the insurers will issue new leaflets as they change policies and someone somewhere didn't bother checking the tiny print to make sure you they matched, OR they haven't updated their site to the latest pamphlet. Annoying, but they'll explain it away as genuine error, not misrepresentation. If you had a valid claim, you could argue it, however, and they'd probably adjust the amount.

 

I agree the "which?" thing is a tad dodgy, and if this had a bearing on the reason for them not paying out, I agree you could make a fuss about that.

 

The problem is, as others have pointed out, it's all irrelevant... All policies will have that exclusion and therefore it doesn't matter whether you feel you were misled or not, no policy would pay out under these circumstances.

 

My advice would be to chalk it up to bad experience rather than fighting them on something which won't make a blind bit of difference to the end result.

[unclebulgaria67]

Thanks guys

I have contacted WHICH and explained the situation,Yet two weeks later and still no reply.

It looks like this company will carry on making millions as their policies and marketing are so clever, I cant even find one wrong word about them - 'online reputation management' maybe, who knows !!

looks like this one will have to down to bitter experience.Oh I don't suppose anyone who read into the policy could shed some light on page 14 B4 where it tells you what the 'essentials' policy will not pay out on- but does not say what the 'optimum' policy I had -would pay out on ? and I think a letter to the FCA wouldn't be a total waste of time-thanks Unc.

 

If you research online about cover for valuables that are stolen from checking in baggage, you will find that it is a common exclusion. Because some countries do not allow you to padlock luggage (USA I think), there was a high risk of items in baggage going missing. A friend of mine had items stolen from bags while going through a US airport and they claimed on their Home Insurance I believe. There were a number of TV programmes on the subject a few years back, where hidden cameras showed staff going through peoples bags. Some airlines and airports now have security cameras that monitor luggage from check-in to the aircraft.

 

If you put valuables in checked in bags and this is excluded in the policy wording that you bought, then I cannot see how you can complain when a claim was turned down. You can make a formal complaint in writing about this to the Insurers, threaten to take this to the FOS and see what they say.

 

Check with Home Insurers and also if you have not done so, contact the airline concerned.

[Old Cogger]

Valuable items in hold baggage is/has been a no no for decades, hand luggage more than 5 kilo= 7-9kg hence people go on with small trolleys!

[unclebulgaria67]

Valuable items in hold baggage is/has been a no no for decades, hand luggage more than 5 kilo= 7-9kg hence people go on with small trolleys!

 

I carry stuff on my person, so if they weigh my carry on bag at check-in, it does not exceed the weight. Then afterwards it goes back in the bag, if it is inconvient carrying it through. It can be a bit of a pain at security, having so many things to put in the small tray, which is probably why there are so many delay going through security. People are doing the same thing.

[Old Cogger]

I carry stuff on my person, so if they weigh my carry on bag at check-in, it does not exceed the weight. Then afterwards it goes back in the bag, if it is inconvient carrying it through. It can be a bit of a pain at security, having so many things to put in the small tray, which is probably why there are so many delay going through security. People are doing the same thing.

 

 

Noticed that as you say!