Protect you bubble won't pay my claim!!!!

[karlbailes]

Hi all, I am a new user to forums and would like some help/advice.

 

I took out insurance for my iPhone 4 along with many other gadgets with protect your bubble.

 

A few months into the policy I got out of my car, the phone fell out of my pocket and I drove over it. I claimed on the policy, sent them the phone, paid my £50 excess and they repaired my phone for me. The claims process was less that smooth....................in fact it was a damn right pain in the ass........ but I had a repaired phone so was happy in the end.

 

Another few months down the line I lost the phone.................I reluctantly went through the arduous claims process all over again but alas this time my claim was rejected!!!!!!!!! Why?!?!?!?!?

 

The claim handler referred to my terms and conditions.....

 

"3. The electronic equipment must be less than 36 months old (or 12 months if the item is a laptop) with valid proof of purchase when the policy is started. All items must have been purchased as new from a VAT registered company."

 

2 months before I took out the policy my iPhone 4 developed a fault with the home button. As it was under warranty I took it down to the Apple store who promptly replaced my iPhone 4 with what I believe to be a brand new iPhone 4. I went away all smiles and this took all of about 5 minutes.

 

The claims handler I spoke to at protect your bubble said that Apple may replace phones under warranty with refurbished products (this is true and is stated on the repair docket I was given by apple and sent to Protect you Bubble) and that there is no way to know whether my phone was new or refurbished so they were rejected my claim on these grounds..................... Needless to say my response wasn't pleasant. The claims handler did however say that if I could prove Apple had given me a new phone they would take another look at my claim. I got straight on the phone to Apple who told me that the phones they give as replacements under warranty are new build and even if they did give a refurbished phone it would be as new and tested to the same standard as a new build phone. They did however say that there would be no way of proving my phone was a new phone and this was a dispute between me and my insurance company so they could not help.

 

Now a couple of things strike me as strange:

 

1. Why did they accept the first claim and then reject the second. The phone was still the replacement phone in question - they new this and I had sent them the repair docket.

 

2. Why is the burden of proof on me to prove the phone given to me from Apple was in fact "new". How is anyone in a position to do that. I am told by apple this is impossible even for them.

 

3. Why should it matter - their wording is "as new". Surely this phone is "as new" even if it is refurbished.

 

It is fairly obvious to me that this is just a blatant attempt to refuse a claim that they should be paying!!! I took the insurance out in good faith. I claimed in good faith. If they are actually justified (which I would find unbelievable) in rejecting this claim then it is purely on a technicality and nothing more - and that to me is just plane swindling the customer out of their hard earned cash.

 

 

My questions to anyone able to help is what do I do next???????????? - I want to fight this all the way!!!!!!! They are [EDIT] and nothing more as far as I'm concerned.

 

I'm told that to start with I will have to follow their own complaints procedure. I have sent an email but was told by the claims handler I would be wasting my time as they reject claim on these grounds regularly. I have also searched the company on Google and from what I have read their appeals procedure is a waste of time and I will not even receive a response.

 

What will my next step be after that? Is it the Financial Ombudsman Service? And after how long? And then possibly after that?

 

I am also really interested to here the opinions of others? Are they with me in that they are a bunch of [EDIT] or are they right to do what they have done?

 

As I said I am new to this so I apologise if it is confusing or my grammer is not that great but I will really appreciate any help/advise.

 

Thanks in advance.

Edited July 12, 2012 by ims21

[ims21]

Two threads merged, tidied and moved to the correct forum

[Yorkyclaims]

Hi,

 

I would tend to agree with you here...

 

The fact that their policy wording is "as new" not "new". Tome manufacturer refurbished is as new. I would also argue as new is too ambigious (unless the policy booklet explains what "as new" is.

 

Looking on the website I have never heard of Assurant General Insurance Ltd. I would write & complain and ask, if they will not chance their decision, to "issue you with a final decision letter for the FOS"

 

Once you have that, go to the Ombudsman.

[unclebulgaria67]

Yes take your complaint with these people to the end of their process and to the FOS if necessary. Make sure that they do know you will be using the FOS, if the claim is not settled. The FOS will charge them a £500 case fee and you nothing, if the claim ends up there. For this reason, the Insurers may just replace the phone, unless they have a very good reason for not doing so.