ChatterBank1 min ago
Insurance - joint policy holder
I unwittingly became joint policy holder when my ex added wedding band and engagement ring ((£17,000) to his insurance. I did not know until claiming for their loss. All documentation was addressed solely to him. My husband told me as I appeared on insurance that I could make claim.
I was in court this week because Tesco had declined my claim. The judge was not my side. I pulled tesco's witness to pieces and her evidence (I was acting alone with legal representation they had a top barrister from London) but the judge decided there was material non-disclosure and they had a right to avoid the insurance and decline claim. He branded me reckless for not having told Tescos about my previous claims although as explained in previous question they had not asked me directly/asked my husband to ask me or addressed documentation to me. He decided I had asked my husband to act as my agent because they were my rings. This was not the case. The barrister had pulled a highly technical point out of the legal bag that Tesco had been induced into the insurance because they would not have insured him at the start prior to amendment because I had suffered a loss and had made 2 claim. And Tesco. won the day. I am appealing and need to find a Barrister who will help. Insurance Law is so unfair - you are expected to be mind-readers. As a private individual, relying on expertise of insurance adviser on ther othe end of the phone, you can only be expected to tell them what you know to the best of your knowledge and belief. The Ombudsman are much more reasonable. It does not make sense when they too rely on law and good practice. Consumers are at the mercy of these companies who can get out of paying on the most obscurest law. They make it diffficult as possible for you to give answers when their questions are not clear. Almost as a deliberate act because they know the law, and they know the law is on their side at the moment. Hopefully reform is round the corner.
I was in court this week because Tesco had declined my claim. The judge was not my side. I pulled tesco's witness to pieces and her evidence (I was acting alone with legal representation they had a top barrister from London) but the judge decided there was material non-disclosure and they had a right to avoid the insurance and decline claim. He branded me reckless for not having told Tescos about my previous claims although as explained in previous question they had not asked me directly/asked my husband to ask me or addressed documentation to me. He decided I had asked my husband to act as my agent because they were my rings. This was not the case. The barrister had pulled a highly technical point out of the legal bag that Tesco had been induced into the insurance because they would not have insured him at the start prior to amendment because I had suffered a loss and had made 2 claim. And Tesco. won the day. I am appealing and need to find a Barrister who will help. Insurance Law is so unfair - you are expected to be mind-readers. As a private individual, relying on expertise of insurance adviser on ther othe end of the phone, you can only be expected to tell them what you know to the best of your knowledge and belief. The Ombudsman are much more reasonable. It does not make sense when they too rely on law and good practice. Consumers are at the mercy of these companies who can get out of paying on the most obscurest law. They make it diffficult as possible for you to give answers when their questions are not clear. Almost as a deliberate act because they know the law, and they know the law is on their side at the moment. Hopefully reform is round the corner.
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according to this list of Tesco Insurance "assumptions" your husband should have declared your previous claims.
https://uk1.tesco-insurance.co.uk/insurance/home/PLB92583849566774879202/importantstatementsreviewasslink.do;jsessionid=28303758e02f737b3263
https://uk1.tesco-insurance.co.uk/insurance/home/PLB92583849566774879202/importantstatementsreviewasslink.do;jsessionid=28303758e02f737b3263
well that didn't work!
here's the quote from the Tesco insurance site "
You and any adult living with you
* Never had home insurance refused, cancelled, or declared null and void.
* Never had special terms imposed to buildings or contents insurance.
* Never been convicted of any criminal offence (other than motoring convictions) or have any prosecutions pending.
* Not suffered more than two incidents of loss, damage or liability, whether insured or not during the last three years.
* Not suffered a burglary within the last 12 months."
here's the quote from the Tesco insurance site "
You and any adult living with you
* Never had home insurance refused, cancelled, or declared null and void.
* Never had special terms imposed to buildings or contents insurance.
* Never been convicted of any criminal offence (other than motoring convictions) or have any prosecutions pending.
* Not suffered more than two incidents of loss, damage or liability, whether insured or not during the last three years.
* Not suffered a burglary within the last 12 months."
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