Tuesday, January 19, 2010

My insurance Claim was denied because I had the wrong types of locks on the doors... What can I do?

Resolved Question

My insurance Claim was denied because I had the wrong types of locks on the doors... What can I do?

I rent a flat in London and I was burgled while away on Christmas holiday. The thief broke two doors getting in. My insurance company (HSBC, Underwritten by Aviva) says they won't cover my loses because I did not have a 5 lever mortice dead lock approved to BS3621 installed on the door. My landlord gave me two keys and I locked every door that I had a key for before I left. After looking through the small print in the policy I did see where there is an endorsement (special terms and conditions) that says I must have a certain type of lock. However, I don't remember being asked about this... HSBC claims they have a tape of the conversation where I said yes to the endorsement, but I'm no locksmith... I wouldn't know a 5 lever mortice deadlock from a Yale lock or any other type of door lock. Since my door has never had this type of lock, I essentially have never been covered. I've been paying my premiums for nothing. I'm going to go to the the Financial Ombudsman, but can I win this case? If so, how?

Best Answer - Chosen by Asker

This is a common tactic adopted amongst insurance companies. These people are SUPER-CAREFUL at all times to make sure that the methods they use to sell something is JUST legal and no more. It is simple psychology - put simply, they rely on your own arrogance in knowing what the operative is talking about, to sell products or services.

In this matter - get a hold of the taped conversation and listen to it. They may apply a charge for this, but it is usually surrendered gratis to a lawyer - particularly when there is a threat of legal action.

Knowledge of locks is irrelevant - this company can reasonably make a suggestion, which you then agree to - they can put the body of that agreement into the contract as a clause. If you subsequently neglect to act (ie: change your locks to those suggested) - you're right, they never covered you since they can (again) reasonably claim that you have/had the wrong locks at the time of the crime.

I'll bet that small-print will also have spelled out that if you change your own locks at any time, for ANY reason, they must be made aware of the changes.

If you still feel optimistic about action, take the taped conversation to a lawyer. The first hour is usually free - so be ready to state your case briefly and concisely. Your lawyer will tell you if you have a case or not and must state their charges per hour. Be sure to ask how long this will take.

The financial ombudsman will be able to evaluate your case, and may secure the return of monies paid by issuing an advisory note to HSBC.

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Other Answers (7)

  • This is fundamentally unfair. Even though you agreed, you are a renter and do not control what locks are on the door. Go to Citizens Advice Bureau - they are free, and on your side. They will lean on HSBC and /or Aviva to give you something. If that doesn't work, try Consumer's Association ("Which?"). I know they have sometimes been able to help people in this situation.
  • Hi, I am sorry to learn this news.. Is it mentioned in the HSBC rules book that you should have 5 lever lock, or did you sign that paper at the time of insuring the house. If not you can hire a good lawyer and then fight back legally, you will get your claims.

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  • Better you consult an lawyer expert in insurance. Hope he will find some loope hole in the insurance policy in yr favour. Generally speaking, most of us dont know the lock and handle details, particularly when is is rented.
  • I had the same problem when I took out my insurance, so I looked on the Internet and didn't have one, so I said no - what you should have done.
  • You need to see the citizens advice bureau on this one.
  • sorry to say and I know you will not like it that is why I apologise beforehand but ignorance is no excuse
  • You need to repost in your country. Try your flag below under answers international.

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