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Re: Mobile Phone Insurance Problems
I would propose a letter along the following lines.
You need to check it, fill in the blanks and make sure it reflects what has happened!!
Dear Sirs
Insurance claim number 1234abc
On dd/mm/yy I purchased insurance policy numbered abc123 from you to cover my Samsung 'phone. model xyz against various risks,including accidental damage.
On dd/mm/yy i made a claim for accidental damage to that 'phone.
I followed the policy instructions "How to make a claim" and paid the £50 excess.
Following instructions from the scheme administrator I took the damaged 'phone to your local approved repairer ghj co. ltd for repair.
Whilst there, and prior to handing the 'phone over, I ascertained that the repair would be implemented using generic parts and not Original Equipment Manufacturers parts.
I then ascertained from Samsung that the use of generic parts and repair by a repairer not approved by Samsung would invalidate the warranty.
Samsung advised that the repairers ghj co; ltd appointed by you are not approved by them, and therefore their warranty would be invalidated.
On reporting this to yourselves both by email dated dd/mm and telephone conversation with Mr XY Unhelpful on dd/mm it was made clear that you would not instruct Samsung approved repairers.
Accordingly I have instructed XYZ Samsung approved repairers who will use OEM parts and so preserve the Samsung warranty.
I would remind you that insurance is by definition a contract of indemnity, i.e. it's purpose is to put the insured back into the position held before the insured event occurred.
The repair offered by you i.e. not using Samsung approved repairers or OEM parts does not put me back in that position as it invalidates Samsung's warranty.
The policy wording "Specific Claims Conditions" whilst stipulating the use of YOUR authorised repairers, does not indicate that this will invalidate any manufacturers warranty.
As such it is an unfair hidden term which tries to negate the main principle of an insurance contract i.e. indemnity.
I have paid £180 for this repair and expect reimbursement from my insurers within fourteen days from receipt of this letter.
If you fail to respond positively I will not hesitate to initiate court action.
As you are acting as agents, action will be initiated against your principal Great Lakes Reinsurance (UK) SE, to whom a copy of this letter has been sent.
Yours fflly.
Addled
You need to send a copy under cover of a short letter to Great Lakes, just saying this is a copy letter sent to their agents,
Send both "signed for"
Only send if you are prepared to sue for the repair costs (which I think are in excess of the premium and excess you've paid)
This way your policy remains in force in case there are further claims
If you are prepared to sue, remember that there is no certainty that you will win! Court is a bit of a lottery.
I would propose a letter along the following lines.
You need to check it, fill in the blanks and make sure it reflects what has happened!!
Dear Sirs
Insurance claim number 1234abc
On dd/mm/yy I purchased insurance policy numbered abc123 from you to cover my Samsung 'phone. model xyz against various risks,including accidental damage.
On dd/mm/yy i made a claim for accidental damage to that 'phone.
I followed the policy instructions "How to make a claim" and paid the £50 excess.
Following instructions from the scheme administrator I took the damaged 'phone to your local approved repairer ghj co. ltd for repair.
Whilst there, and prior to handing the 'phone over, I ascertained that the repair would be implemented using generic parts and not Original Equipment Manufacturers parts.
I then ascertained from Samsung that the use of generic parts and repair by a repairer not approved by Samsung would invalidate the warranty.
Samsung advised that the repairers ghj co; ltd appointed by you are not approved by them, and therefore their warranty would be invalidated.
On reporting this to yourselves both by email dated dd/mm and telephone conversation with Mr XY Unhelpful on dd/mm it was made clear that you would not instruct Samsung approved repairers.
Accordingly I have instructed XYZ Samsung approved repairers who will use OEM parts and so preserve the Samsung warranty.
I would remind you that insurance is by definition a contract of indemnity, i.e. it's purpose is to put the insured back into the position held before the insured event occurred.
The repair offered by you i.e. not using Samsung approved repairers or OEM parts does not put me back in that position as it invalidates Samsung's warranty.
The policy wording "Specific Claims Conditions" whilst stipulating the use of YOUR authorised repairers, does not indicate that this will invalidate any manufacturers warranty.
As such it is an unfair hidden term which tries to negate the main principle of an insurance contract i.e. indemnity.
I have paid £180 for this repair and expect reimbursement from my insurers within fourteen days from receipt of this letter.
If you fail to respond positively I will not hesitate to initiate court action.
As you are acting as agents, action will be initiated against your principal Great Lakes Reinsurance (UK) SE, to whom a copy of this letter has been sent.
Yours fflly.
Addled
You need to send a copy under cover of a short letter to Great Lakes, just saying this is a copy letter sent to their agents,
Send both "signed for"
Only send if you are prepared to sue for the repair costs (which I think are in excess of the premium and excess you've paid)
This way your policy remains in force in case there are further claims
If you are prepared to sue, remember that there is no certainty that you will win! Court is a bit of a lottery.
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