Zurich refusing to pay Contents insurance claim

[gavva2010]

Hi all, I have an AA home contents policy underwritten by Zurich. On Sunday 15th I accidentally knocked a glass bottle of cooking oil over, cracking my induction hob (which has only been installed for 4 months). I contacted Zurich on the 16th to report the accident, & make a claim on my contents policy. I was initially told that as the hob was fixed to the worktop, (& not freestanding) it would come under a buildings policy (Which I don't have). I mentioned that the hob is not mechanically fixed to the worktop, rather it sits in a cutout with a rubber gasket beneath the glass, & I could demonstrate this with a copy of the installation manual.

 

I was advised to contact the manufacturer regarding this, which I did, & they advised that as the damage was by way of an accident & not a manufacturing defect, they weren't going to cover it.

 

I sent Zurich email pics of the damage, a copy of the manual (to prove installation method), a copy of a quote for a replacement, a quote for the removal/repair, & all other necesary info. Zurich called me yesterday - 17/01 - & said they wouldn't accept the claim, as the hob is fixed not freestanding, they then also stated that because I'm the homeowner & not the tenant, this also means they won't cover the damage. I made them aware I wasn't happy with this, & lodged a complaint there & then. 

 

I'm unable to cook food currently as the hob is unsafe to use, & I believe I'm being fobbed-off here. They said they will ask their complaints team to expedite, I've been through the documents for the policy & cannot find anything that relates to their reasons for denying the claim. Can anybody help here, I believe I can approach the Insurance Ombudsman if their complaints team upholds the decision, are there any other processes / procedures I could possibly use?

 

tia for any advice. 

[gavva2010]

I just received an email from Zurich, stating:

 

"Dear Mr.********,

 

As stated by my colleagues yesterday this claim is not valid under contents insurance. It would be covered under buildings which unfortunately you don't have. As stated in the buidlings coverage booklet:

What is covered
9. Accidental damage to:
• ceramic hobs or tops on free-standing cookers

 

A member of our customer care team will contact you to discuss further and will provide all neccessary info for contacting the Financial Ombudsman Service."

 

This just feels like a complete cop-out by them, not happy with this at all. Do I need to request a "final response", as this feels like a flimsy reply at best. 

[honeybee13]

Hi.

 

Is the buildings insurance held by someone else or did you choose not to take it out?

 

Sadly, if Zurich had the buildings and contents cover, they would have to pay but you're caught in the 'fixtures vs fittings' argument. @unclebulgaria67is very good at insurance stuff and I expect he'll look in later. If you could answer the question about buildings insurance please, it would help him.

 

HB

[unclebulgaria67]

Fitted kitchens do normally come under Buildings Insurance.

 

Who Insures the building ?

 

If you are leaseholder and have fitted a kitchen which the freeholder does not Insure, then go back to the Contents Insurers with proof. Sometimes, Contents Insurers will pay out for some items that may normally come under Buildings Insurance, as it is possible as a leaseholder to include fitted items like kitchens and bathrooms under a Contents Insurance. But some Contents Insurers requires the Insurance policy to be updated to include fittings and an extra premium paid.

 

 

[gavva2010]

I chose not to take out buildings insurance for financial reasons, I'm the freeholder not a tenant, & the contents was taken out by myself, it's an AA policy, underwritten by Zurich. I was informed by the claims handler if the hob was freestanding, or built on top of a freestanding cooker, then it would have been covered. This seems like an arbitrary detail to me, not really impressed with how it's been dealt with. 

 

With the 'fixtures vs fittings' argument, as the hob is not mechanically fixed, by that same argument surely a TV bolted by a VESA mount to the wall would equally become part of the building in this scenario?

[unclebulgaria67]

Unfortunately the Zurich Contents policy is standard across the whole Insurance industry from what I have seen, so you are very unlikely to get anywhere arguing for different treatment.  Kitchens and bathrooms come under Buildings Insurance.

 

 

[gavva2010]

I see, well thanks for helping clarify this, I suppose what sticks in my throat a bit is the fact that they originally mentioned they may "goodwill" the claim, or words to that effect, before coming back with a hard "no". Thanks for the advice here, not a lot of sense in taking it to the Ombudsman I'm thinking. 

[honeybee13]

How do you feel about having buildings insurance now, Gavva?

 

Another time it could be more than accidental damage to the hob like water damage to the roof and ceilings, fire, flooding and you'd end up with the whole bill if you aren't covered. The cost of cover compared with the size of the potential loss usually makes it worthwhile.

 

HB

[theberengersniper]

In case it helps to clarify the position, I think Zurich's argument is that although not strictly fixed to the worktop, your hob would be unusable without the worktop being part of the equation. It'd just be sat on the floor, which would not be how it was intended to be used and would be potentially unsafe with wires accessible etc.

 

The analogy you make with the television is different, because the vast majority of TV sets are designed to be free-standing, any wall mounting compatibility is the owner's choice, and the TV set is wired safely with the fact that people often poke around the back of tellies to plug in connectors in mind.

[gavva2010]

That makes sense, thx all for the helpful replies to this issue, will chalk this up to experience. 

[Ethel Street]

The rule of thumb ( not a strict legal definition) when I worked in the industry was whether it was an item people would normally leave behind when they moved or take with them. 

 

So a TV is contents, you'd take it with you.

 

A hob, even if not literally bolted to the worktop, is something you wouldn't normally take with you. So it's a fixture/fitting.