Direct Line - Holiday Injury Claim

[xrchris]

The key point is that your own policy does not cover your liability in respect of any profession, business or employment carried out at your home/premises. Now when when claiming under reverse liability exactly the same conditions/terms MUST apply to the other party.

 

Now the fact that the premises were rented out as a holiday let, via a specialised letting company, is conclusive proof that the premises are being used for business purposes. .

 

They are not contesting the accident/circumstances it is the business exclusion which is preventing your claim.

[notlam]

Fair comment.

 

But what I dont understand is how on earth would I or anyone be able to insure themselves for this kind of accident, if according to Direct Line, it isnt covered by their Travel insurance policy, or the Legal Liabilty section of their Home policy.

 

Surely if, as in this case, the Holiday Company no longer exists then DL should go after the property owner?

[xrchris]

Surely if, as in this case, the Holiday Company no longer exists then DL should go after the property owner?

 

To be frank why should they? The award by the court was made against the holiday company NOT the owner of the property. Remember the cover you are claiming under is to recover unpaid awards made by the court.

 

*EDIT*

 

Been re-reading this thread but have got a bit confused. In some posts you say the owner was held liable by the court and in others you have said the holiday company were. I have also noted that you say they were not one and the same so can you confirm who was actually held responsible and who the award was made against?

[notlam]

Sorry for my late reply, xrchris, I missed your comment (normally I get an email).

 

The holiday company, Premier Villas, was held liable by the court.

 

I am confused too. If the insurance company is unable to recover the damages award from PV because they no longer exist, does it end there?

 

Or would I be protected/covered in any other other way, or another insurance policy perhaps such as Travel Insurance policy or Home Insurance with Family Legal Protection policy?

[xrchris]

OK to recap then - the way i see it is that you received legal cover under your travel policy to prosecute Premier Villas as that was all that could be claimed under your Travel policy.

 

Then PV went under after you had received judgment in your favour so you attempted to claim under the reverse liability section of your household policy. Unfortunately this cannot be done due to the cover restrictions in place on that policy(which is correct however unfair it may sound/appear).

 

Seems that you have pretty much exhausted all avenues to me unless somebody else can think of something.

[Jono133]

I claimed on direct line travel insurance, they were like the Gestapo ,despite my having a video of the theft from a hotel lobby they cut my claim in half and were totally indifferent and arrogant

[unclebulgaria67]

I claimed on direct line travel insurance, they were like the Gestapo ,despite my having a video of the theft from a hotel lobby they cut my claim in half and were totally indifferent and arrogant

 

Jono

 

So why don't you get your own back. Stick in a written formal complaint and threaten to involve the FOS. It will cost them at least £10 an hour to deal with any complaint and if you go to the FOS at the end of the complaints process, it will cost DL a £500 FOS case fee. Many Insurers will choose to review a claim and pay additional amounts, because they don't want you to go to the FOS.