Photography Insurance won't pay out

[Fackers]

Hi, I am having a lot of difficulty in having my current photography insurance to pay out for a genuine claim.

My car was left unattended from 16:00pm till 6:50am, during that time my car was unfortunately broken into taking a £1700 camera and 2 jackets from the boot. There was no forced entry but marks down the side of the door and rubber on the window pushed down. I had a loss adjuster visit me at my home who made me feel uncomfortable (made me feel confused with wording at times, twisting my words). He then inspected the car and was soon on his way. His female colleague arranged the meeting over the phone the day before who said "ohh you sound much more intelligent than I first thought" as her first words after introducing myself. This instantly made me feel as if I'd already been judged before they knew anything about me. They were set by the insurance themselves.

The insurance have since rejected the claim based on the following feedback from the loss adjusters...

We write on behalf of your ultimate insurers, ERGO Versicherung AG (UK Branch), having
received your insurers’ instructions with regard to the above claim.
The claim involves the theft of a (brand and model) camera body, (brand and model) lens, and two light
stands, stolen from the boot of your vehicle. We understand that the items had been left
unattended in the boot of the vehicle on the nights of both Wednesday, 2 November 2016 and
Thursday, 3 November 2016, with the theft being discovered on the morning of Friday, 4
November 2016. Your insurance policy contains certain warranties relevant to the cover
including “Unattended vehicle cover – Extension (Working Day)”. This warranty states:
“Cover for loss or damage as a result of theft or attempted theft from a vehicle not individually
attended is excluded unless the equipment is in transit between the premises and a place of
work; or two places of work; or a place of work and the premises. Excludes cover for loss or
damage as a result of theft or attempted theft from a vehicle not individually attended where
equipment has been left in such a vehicle after the end of the Insured’s working day when the
Insured has arrived home, studio or place of residence for the night.”
You will appreciate that in light of this warranty we regret to advise that the theft of the
photographic equipment from the boot of your vehicle falls outside the scope of policy cover.
Regrettably, insurers have therefore asked us to advise you that they will be unable to make
any payment in respect of your claim on this occasion.
Should you have any queries concerning this decision, or have any additional information that
you would wish to be reviewed, please contact us on (telephone number) during the next 21 days.

I have since made an appeal and it has been rejected once again, highlighting the points above.

Now the difference in this situation is that 3 months ago a similar situation happened where items were taken from my car (lighting gear) and they paid out in full, in exactly the same circumstances... They confirmed the reason they paid out then is on the basis of a 'genuine claim' blah blah blah. Yet now, on this occasion having spoken with my insurance broker, they inform me that there are notes 'unknowing to me' on their systems to say that the insurance company believe it to be an attempted fraudulent claim (trying my luck). I had to even send a copy of rented equipment that I had to obtain in replacement of the lost items. I have since put it to them that they are contradicting their own policy after paying out once for the same situation and not now... How do I construct a very formal challenge letter to send to them as instructed by my broker?

Ps - My insurance doesn't cover me between 21:00 to 6:00am (weird i know) - They have said that the main reason apart from the above why they won't payout is due to the 'chances of probability' the fact that there was more chance my items were stolen in the time it was not insured (21:00 to 6:00am) compared with the time it was (16:00-21:00). Surely at least the minimum for that argument would be a fair share of that time on payout?

All help is greatly appreciated in advance.

[des8]

Re: Photography Insurance won't pay out

As this site is shutting down tonight at 21.00 for update I'll respond in more derail tomorrow, but will want full details of policy wordings.

Do remember tho' it is for you to demonstrate your claim ie you have to show the loss took place while the goods were covered. You have a wide margin of error!

[des8]

Re: Photography Insurance won't pay out

Now we are back.....

1)it is standard to exclude "tools of the trade" left in a vehicle from overnight insurance cover.
Some companies will extend policy to cover this period, but at a greatly increased premium to reflect the greater risk of loss, and with further conditions regarding the parking of the vehicle.

2)As I wrote in my earlier post, it is for the policy holder to prove the claim is covered by the policy.
As you cannot pin point the time of the theft the insurers are perfectly entitled to reject the claim, (regardless of a probability red herring!) until such time as you can show the theft took place from an attended vehicle after the end of the working day, and before 21.00 hours. (I'm basing that on the sparse info available from your post)

3)regarding the first claim, IMO you were fortunate that the insurers accepted it. They may have just made a mistake, they may have just given you the benefit of the doubt, they may have accepted it out of consideration for past business or the hope of future business from that particular broker or they may have accepted it for some other reason.
However that does not set a precedent for the manner in which they settle further claims

4) not surprised your file will be marked with a caution regarding possible fraud.
You have had a similar claim that was met three months earlier.
Following that you surely realised that your vehicle was now known to a certain criminal element to contain valuable portable equipment, and so could be targetted again.
Yet you continue to leave this equipment in the unattended vehicle.
As the equipment is at that moment uninsured, that course of action is on the face of it, inexplcable.
To make a similar claim so soon is certainly going to raise eyebrows and cause an investigation.

If you want to post up full policy wording (excluding identifying details) (but including schedule and endorsements) I'll look it over to see if there is any chance of progressing your claim)

[Fackers]

Re: Photography Insurance won't pay out

Based on what you've said, I have been well and truly caught with my pants down.

Sounds like I live on the thinnest of threads with this. Do you think it's worth asking for a partial?! 50/50?

[Fackers]

Re: Photography Insurance won't pay out

See attachment of cleansed contract with insurance

[des8]

Re: Photography Insurance won't pay out

Going back to your first post, you stated " My insurance doesn't cover me between 21:00 to 6:00am".
However, your policy doen't cover you for loss " after the end of the Insured’s working day when the
Insured has arrived home, studio or place of residence for the night.”

Also according to the loss adjusters report the equipment was left in the car over two consecutive nights.

Given the wording of the policy, the circumstances of the loss, together with your previous claim, IMO you are wasting your time trying to reverse the insurers decision