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WULFSTAN
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Joined: 18 Sep 2010
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PostPosted: 20:49 - 04 Nov 2013    Post subject: Insurance help update good news. Reply with quote
The short story is in late September i had my 636 stolen from outside my mother in laws house id come back from luton at 7.30pm where id been staying in a hotel and working around the area for a week. Fast forward to today and my insurance have informed me that they wont be paying out as they are saying ive travelled to many places for work an they only insure from a fixed place ie between a office an home. my argument is that i traveled to a hotel an got picked up by the works van my bike stayed at the hotel so in fact i didn't commute to work whos in the right thanks.
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Last edited by WULFSTAN on 16:39 - 05 Nov 2013; edited 1 time in total
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arry
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PostPosted: 20:54 - 04 Nov 2013    Post subject: Reply with quote
You made the trip for work, that's business miles.

Always get class 1 business use - it's sod all premium wise and anyone that tells me they've never used their car or bike for a single business mile I'd not believe TBH
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CaNsA
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PostPosted: 20:57 - 04 Nov 2013    Post subject: Reply with quote
Sounds like you fucked yourself TBH.

Why did you tell them that you were picked up and went somewhere else?

Why didn't you say you were meeting a friend and parked your bike there while you went into town etc etc.
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WULFSTAN
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Joined: 18 Sep 2010
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PostPosted: 20:58 - 04 Nov 2013    Post subject: Reply with quote
arry wrote:
You made the trip for work, that's business miles.

Always get class 1 business use - it's sod all premium wise and anyone that tells me they've never used their car or bike for a single business mile I'd not believe TBH
So my sd&p including commuting wont cover it and there in the right even tho i was back near home and my trip to my mother in laws had nothing to do with work. The bike was stolen from widnes not luton and was stolen after i returned from luton.
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Your backside is better enough for you to run again, if need be – bristle up the courage of the cornered rat, put on a bold front, and to hell with them. Bluff my boy – bluff, shift and lie for the sake of your neck and the honour of Old England
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arry
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PostPosted: 21:01 - 04 Nov 2013    Post subject: Reply with quote
Sdp with commuting is from one permanent place of work. If you've gone to that hotel to be picked up for work then regardless of whether you didn't complete the whole journey to wherever on the bike you've still completed a non Sdp journey to a non permanent place of work

Have you claimed any business miles all year?
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arry
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PostPosted: 21:03 - 04 Nov 2013    Post subject: Reply with quote
Lay out the full time line and detail please, including your work patterns ie one office, various sites etc.

There may be a potential challenge but I need to know details in full
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WULFSTAN
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Joined: 18 Sep 2010
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PostPosted: 21:04 - 04 Nov 2013    Post subject: Reply with quote
arry wrote:
Sdp with commuting is from one permanent place of work. If you've gone to that hotel to be picked up for work then regardless of whether you didn't complete the whole journey to wherever on the bike you've still completed a non Sdp journey to a non permanent place of work

Have you claimed any business miles all year?
No an so am fucked then some twat comes an steals my bike an i get nothing
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Your backside is better enough for you to run again, if need be – bristle up the courage of the cornered rat, put on a bold front, and to hell with them. Bluff my boy – bluff, shift and lie for the sake of your neck and the honour of Old England
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WULFSTAN
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PostPosted: 21:14 - 04 Nov 2013    Post subject: Reply with quote
arry wrote:
Lay out the full time line and detail please, including your work patterns ie one office, various sites etc.

There may be a potential challenge but I need to know details in full
Id been working in luton from Monday to the Wednesday on Wednesday i come home sick by coach on the next Monday i traveled down an parked my bike in the hotel car park i stayed in the hotel to Thursday i came back up and went straight to the mother in laws house i parked the bike up at half 7 and fell asleep woke up at 7 the next day to find my bike gone the company i work for is based in high legh i have never commuted to there as i usually get picked up from home it was a one off. i work all over the country my bike stayed at my home or it did for the 20 days i had it.
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Your backside is better enough for you to run again, if need be – bristle up the courage of the cornered rat, put on a bold front, and to hell with them. Bluff my boy – bluff, shift and lie for the sake of your neck and the honour of Old England
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shereen
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Joined: 15 Mar 2011
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PostPosted: 22:12 - 04 Nov 2013    Post subject: Reply with quote
Fight them, they are just trying to wriggle out of paying like they normally do!
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Wonko The Sane
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PostPosted: 22:17 - 04 Nov 2013    Post subject: Reply with quote
whats work got to do with it?

you were at your mother-in-laws, why do the insurance know about work?
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wilz1234
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Joined: 14 Jul 2010
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PostPosted: 22:17 - 04 Nov 2013    Post subject: Reply with quote
But you weren't planning on being picked up were you. You had decided to spend a nice night to yourself at a hotel, and then when you got there, work phoned and said they needed you and would come pick you up from there.
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arry
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PostPosted: 22:38 - 04 Nov 2013    Post subject: Reply with quote
shereen wrote:
Fight them, they are just trying to wriggle out of paying like they normally do!


With respect, unhelpful comments like this aren't going to get anyone anywhere. Insure on the correct basis = no problem. The insured's non-disclosure hasn't allowed the underwriter to accurately rate or reflect upon the risk presented. At any rate, the certificate of insurance is clear that there's cover for SDP and commuting to one permanent place of work. Since the insured doesn't have one permanent place of work the contract was clearly incepted incorrectly and that's through no fault of the insurer. Were the terms of the contract clear, fair and not misleading? Absolutely. Is the decision to repudiate fair? Well that's something that we need to investigate further.

Anyway. Having read it again I'd missed that the bike has been taken from the mother in law's and not the hotel. I thought it had been taken from the hotel, not the MIL's. Sorry for missing that!

WULFSTAN - can you tell me if they've repudiated the loss on the grounds of the bike's use when the incident occurred or whether they've withdrawn cover altogether stating policy avoidance? My gut feel is they've gone down the repudiation route - would I be correct?

I would construct a legitimate argument that whilst the purpose of your journey to the hotel was originally to be sited for work, the bike had been used to travel to the hotel - this wasn't at all in the ordinary and only came about because of your illness earlier on. At the time of loss, the bike was at a residential address in no way connected to work travel and, therefore, its previous use is in no way material the loss.

Have you the official response to the claim that you can scan or email?
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WULFSTAN
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Joined: 18 Sep 2010
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PostPosted: 23:06 - 04 Nov 2013    Post subject: Reply with quote
arry wrote:
shereen wrote:
Fight them, they are just trying to wriggle out of paying like they normally do!


With respect, unhelpful comments like this aren't going to get anyone anywhere. Insure on the correct basis = no problem. The insured's non-disclosure hasn't allowed the underwriter to accurately rate or reflect upon the risk presented. At any rate, the certificate of insurance is clear that there's cover for SDP and commuting to one permanent place of work. Since the insured doesn't have one permanent place of work the contract was clearly incepted incorrectly and that's through no fault of the insurer. Were the terms of the contract clear, fair and not misleading? Absolutely. Is the decision to repudiate fair? Well that's something that we need to investigate further.

Anyway. Having read it again I'd missed that the bike has been taken from the mother in law's and not the hotel. I thought it had been taken from the hotel, not the MIL's. Sorry for missing that!

WULFSTAN - can you tell me if they've repudiated the loss on the grounds of the bike's use when the incident occurred or whether they've withdrawn cover altogether stating policy avoidance? My gut feel is they've gone down the repudiation route - would I be correct?

I would construct a legitimate argument that whilst the purpose of your journey to the hotel was originally to be sited for work, the bike had been used to travel to the hotel - this wasn't at all in the ordinary and only came about because of your illness earlier on. At the time of loss, the bike was at a residential address in no way connected to work travel and, therefore, its previous use is in no way material the loss.

Have you the official response to the claim that you can scan or email?
I think there going down the policy road and no if or when i receive a update off them i will let you know and will update which might be awhile as there policy so far of letting me know whats going on is letting me ring them. To say they haven't kept me up to date is a under statement and they seem in no rush. Rolling Eyes
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Your backside is better enough for you to run again, if need be – bristle up the courage of the cornered rat, put on a bold front, and to hell with them. Bluff my boy – bluff, shift and lie for the sake of your neck and the honour of Old England
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arry
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PostPosted: 23:11 - 04 Nov 2013    Post subject: Reply with quote
Remind them that any decision around policy indemnity needs to be timely and without unreasonable delay, and should be confirmed in writing immediately giving full reasons for any repudiation or avoidance.

Once you've got the full details of their decision I'll try to help you construct a case.

There are some Ombudsman decisions recently that may set a precedent - let's see when they've finalised their response.
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WULFSTAN
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Joined: 18 Sep 2010
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PostPosted: 23:35 - 04 Nov 2013    Post subject: Reply with quote
arry wrote:
Remind them that any decision around policy indemnity needs to be timely and without unreasonable delay, and should be confirmed in writing immediately giving full reasons for any repudiation or avoidance.

Once you've got the full details of their decision I'll try to help you construct a case.

There are some Ombudsman decisions recently that may set a precedent - let's see when they've finalised their response.
Thank you Thumbs Up
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Your backside is better enough for you to run again, if need be – bristle up the courage of the cornered rat, put on a bold front, and to hell with them. Bluff my boy – bluff, shift and lie for the sake of your neck and the honour of Old England
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iooi
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PostPosted: 14:27 - 05 Nov 2013    Post subject: Reply with quote
arry wrote:
Lay out the full time line and detail please, including your work patterns ie one office, various sites etc.

There may be a potential challenge but I need to know details in full


I think you also need to know exactly what the OP said to the Ins co at the time of the theft.

Changing the story now is not going to help.

Wonder if the OP has mentioned that the bike spends a lot of time parked at M-I-L's and they are thinking that there is a fiddle on where bike is stored most of the time.

Got to wonder as well if Ins co are thinking that bike is not stored where the OP has declared it as.

More kinks in this story so far than a knackered chain.
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WULFSTAN
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PostPosted: 15:59 - 05 Nov 2013    Post subject: Reply with quote
iooi wrote:
arry wrote:
Lay out the full time line and detail please, including your work patterns ie one office, various sites etc.

There may be a potential challenge but I need to know details in full


I think you also need to know exactly what the OP said to the Ins co at the time of the theft.

Changing the story now is not going to help.

Wonder if the OP has mentioned that the bike spends a lot of time parked at M-I-L's and they are thinking that there is a fiddle on where bike is stored most of the time.

Got to wonder as well if Ins co are thinking that bike is not stored where the OP has declared it as.

More kinks in this story so far than a knackered chain.
Erm no i work 12 days straight then have 2 off it would be hard for the bike to spend a lot of time anywhere Neutral
____________________
Your backside is better enough for you to run again, if need be – bristle up the courage of the cornered rat, put on a bold front, and to hell with them. Bluff my boy – bluff, shift and lie for the sake of your neck and the honour of Old England
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WULFSTAN
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Joined: 18 Sep 2010
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PostPosted: 16:44 - 05 Nov 2013    Post subject: Reply with quote
Smile They rang me up out of the blue today to say my claim had been reevaluated and offed me 100 less than i wanted but i took it great news oh an arry thanks. Time to start looking for a pan.
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Your backside is better enough for you to run again, if need be – bristle up the courage of the cornered rat, put on a bold front, and to hell with them. Bluff my boy – bluff, shift and lie for the sake of your neck and the honour of Old England
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Rogerborg
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Joined: 26 Oct 2010
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PostPosted: 18:02 - 05 Nov 2013    Post subject: Reply with quote
Whew. And belatedly fair play to them for not punishing you for volunteering information.
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P.addy
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PostPosted: 18:09 - 05 Nov 2013    Post subject: Reply with quote
Nice Thumbs Up

but, 636 > Pan, did you age about 30 years since you opened the claim Shocked
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P.addy
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PostPosted: 18:21 - 05 Nov 2013    Post subject: Reply with quote
But you drive a pan.
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arry
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PostPosted: 23:15 - 05 Nov 2013    Post subject: Reply with quote
WULFSTAN wrote:
Smile They rang me up out of the blue today to say my claim had been reevaluated and offed me 100 less than i wanted but i took it great news oh an arry thanks. Time to start looking for a pan.


That's good news. Nice one.

Remember - when you take out your new policy; at least class 1 business use required. Even if you stick a nominal mileage of ~500 a year in for it, it doesn't sound like you claim your business miles back so you're unlikely to come undone but it will offer you the protection you need fella

All the best Thumbs Up
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