ChatterBank9 mins ago
Void Insurance
7 Answers
Hi all.
I recently had my car insurance made void by the underwriters due to them interpreting my occupation as different to what my business ACTUALLY is.
Asda/Southern Rock are claiming I should have put "Door Supervisor" as my occupation in their dropdown box. I selected "Other - Professional" from the first dropdown box, and "Security Services" from the second dropdown box.
I argue that even though I was performing Door Supervisor duties at the time my car was maliciously damaged, my business includes Surveillance, Security Guarding, Manned Guarding, and other security duties within the security industry.
In fact, the Nature of Business as described on Companies House is "80100 - Private security activities".
I also argue that if I were to put Door Supervisor as my occupation, and were to perform one of the other duties that my company provides, then Door Supervisor would be misleading to the insurers. Hence, why "Other - Professional" and "Security Services" was the most accurate description from the dropdown boxes.
I have complained to the Financial Ombudsman about this.
I have a new job starting with Sunwin/Co-Op over the next couple of weeks, where I will be employed, rather than self-employed. The job is a Cash and Valuables in Transit Officer, which mainly involves driving.
My question is: Now that the underwriters have made my insurance void, I am struggling to get personal motor insurance.
Will my personal insurance being made void affect me getting insured on my new employer's business motor insurance?
I recently had my car insurance made void by the underwriters due to them interpreting my occupation as different to what my business ACTUALLY is.
Asda/Southern Rock are claiming I should have put "Door Supervisor" as my occupation in their dropdown box. I selected "Other - Professional" from the first dropdown box, and "Security Services" from the second dropdown box.
I argue that even though I was performing Door Supervisor duties at the time my car was maliciously damaged, my business includes Surveillance, Security Guarding, Manned Guarding, and other security duties within the security industry.
In fact, the Nature of Business as described on Companies House is "80100 - Private security activities".
I also argue that if I were to put Door Supervisor as my occupation, and were to perform one of the other duties that my company provides, then Door Supervisor would be misleading to the insurers. Hence, why "Other - Professional" and "Security Services" was the most accurate description from the dropdown boxes.
I have complained to the Financial Ombudsman about this.
I have a new job starting with Sunwin/Co-Op over the next couple of weeks, where I will be employed, rather than self-employed. The job is a Cash and Valuables in Transit Officer, which mainly involves driving.
My question is: Now that the underwriters have made my insurance void, I am struggling to get personal motor insurance.
Will my personal insurance being made void affect me getting insured on my new employer's business motor insurance?
Answers
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I dont think not putting the description 'Door Supervisor' was the problem. More likely that you were in the security business at all. Some insurers can only keep their quotes cheap by excluding anyone in a remotely dubious occupation. Both the descriptions you describe immediately bring 'Bouncer' to mind. They do not want your business. There are insurers who deal in high risk customers. Try Googling high risk car insurance. You will have to pay more but that is the name of the game.
To quote the letter sent from Southern rock, the underwriters:
““It has come to our attention that you are a door supervisor.
When completing your policy online via (Asda) to commence on ??st October 2012, you were asked to enter your “Occupation” You entered “Other – Professional”, this was clearly incorrect.
Had we been aware of the above at inception of the policy, we would not have offered insurance under any terms. This was material information which you failed to disclose.
May I draw your attention Asda’s “Terms of Business” which clearly state the following:
Disclosure of Information
CVD expects you to provide complete and accurate information when you take out your insurance policy, throughout the lifetime of the policy and when you renew your insurance. If you’re unsure about disclosing information please contact us for guidance. Any information that may influence your insurer to accept, amend or decline your insurance proposal or renewal must be disclosed. If you’re unsure about disclosing any matter please contact us for guidance.
Failure to disclose any material information or inaccuracies in the information given could invalidate you insurance cover and mean that part or all of your claim not be paid. Any advice we offer will be based on the details you provide.
You’re reminded that it is an offence under the Road Traffic Act to make any false statements or withhold any relevant information to obtain a Certificate of Motor Insurance.
May I also draw your attention to the “Policy Wordings”, under “General Conditions Applying to the Whole Policy, it clearly states:
Your Duty
Changes which may affect Your Cover
Your insurance cover and premium is based on the information You supplied to Us in the most recent Statement of Information. You must check the details carefully when You take out Your Insurance Policy, throughout the lifetime of the Policy and when you renew Your insurance. If You are unsure about disclosing any information please contact Us for guidance on (Asda)
Failure to disclose any information or inaccuracies in the information given could invalidate Your insurance cover and mean that part or all of Your claim may not be paid.
Note: If You fail to provide complete and accurate information to the best of Your knowledge and belief when You take out Your insurance Policy or if You do not tell Us about any relevant changes, We may:
• Reject Your claim.
• Reduce, make deductions from or pay only a proportion of Your claim.
• Cancel and invalidate the Policy.
• Void the Policy, which means to treat as though the Policy never existed.
• Do a combination of the above.
All changes should be made online at (Asda)
You should keep a record of the information You give in relation to this Policy. If You did not or do not give full and accurate information or You fail to notify Us of any changes in circumstances, this Policy may be rendered invalid and We may refuse to deal with any claim You might make.””
I argue that I DID give the most accurate information to the best of my knowledge because I used the most viable options that were available to me online at the time.
Asda are also saying that they will give a full refund, but this still voids my insurance, not fixing the problem.
Eldon are saying they will return my car, because they recovered it from the motorway.
If I were to accept my car back, will this affect the dispute I have with Asda, even though the car is my property?
Are Asda and Southern Rock not breaching ICOBs 8.1.2 R?
-A rejection of a consumer policyholder's claim is unreasonable, except where the evidence is fraud, if it is for:
1. non-disclosure of a fact of material to the risk; or
2. non-negligent misrepresentation of a fact material to the risk; or
3. breach of warranty or condition unless the circumstances of the claim are connected to the breach.
Do I now seek legal aid?
““It has come to our attention that you are a door supervisor.
When completing your policy online via (Asda) to commence on ??st October 2012, you were asked to enter your “Occupation” You entered “Other – Professional”, this was clearly incorrect.
Had we been aware of the above at inception of the policy, we would not have offered insurance under any terms. This was material information which you failed to disclose.
May I draw your attention Asda’s “Terms of Business” which clearly state the following:
Disclosure of Information
CVD expects you to provide complete and accurate information when you take out your insurance policy, throughout the lifetime of the policy and when you renew your insurance. If you’re unsure about disclosing information please contact us for guidance. Any information that may influence your insurer to accept, amend or decline your insurance proposal or renewal must be disclosed. If you’re unsure about disclosing any matter please contact us for guidance.
Failure to disclose any material information or inaccuracies in the information given could invalidate you insurance cover and mean that part or all of your claim not be paid. Any advice we offer will be based on the details you provide.
You’re reminded that it is an offence under the Road Traffic Act to make any false statements or withhold any relevant information to obtain a Certificate of Motor Insurance.
May I also draw your attention to the “Policy Wordings”, under “General Conditions Applying to the Whole Policy, it clearly states:
Your Duty
Changes which may affect Your Cover
Your insurance cover and premium is based on the information You supplied to Us in the most recent Statement of Information. You must check the details carefully when You take out Your Insurance Policy, throughout the lifetime of the Policy and when you renew Your insurance. If You are unsure about disclosing any information please contact Us for guidance on (Asda)
Failure to disclose any information or inaccuracies in the information given could invalidate Your insurance cover and mean that part or all of Your claim may not be paid.
Note: If You fail to provide complete and accurate information to the best of Your knowledge and belief when You take out Your insurance Policy or if You do not tell Us about any relevant changes, We may:
• Reject Your claim.
• Reduce, make deductions from or pay only a proportion of Your claim.
• Cancel and invalidate the Policy.
• Void the Policy, which means to treat as though the Policy never existed.
• Do a combination of the above.
All changes should be made online at (Asda)
You should keep a record of the information You give in relation to this Policy. If You did not or do not give full and accurate information or You fail to notify Us of any changes in circumstances, this Policy may be rendered invalid and We may refuse to deal with any claim You might make.””
I argue that I DID give the most accurate information to the best of my knowledge because I used the most viable options that were available to me online at the time.
Asda are also saying that they will give a full refund, but this still voids my insurance, not fixing the problem.
Eldon are saying they will return my car, because they recovered it from the motorway.
If I were to accept my car back, will this affect the dispute I have with Asda, even though the car is my property?
Are Asda and Southern Rock not breaching ICOBs 8.1.2 R?
-A rejection of a consumer policyholder's claim is unreasonable, except where the evidence is fraud, if it is for:
1. non-disclosure of a fact of material to the risk; or
2. non-negligent misrepresentation of a fact material to the risk; or
3. breach of warranty or condition unless the circumstances of the claim are connected to the breach.
Do I now seek legal aid?
There are a lot of sharks in this industry, some are those who you declare material facts to who ignore them to get a sale and the resulting commission. In 2010 I had an old man drive into the back of me while he was learning how to text. He admitted liability and my car was fixed under my fully comp policy pretty quick. When filling out the forms I declared my speeding points and a non-fault accident from a few years previous that I had told my broker about when taking out the insurance. These two material facts were news to the underwriter having not been passed on by my broker. Luckily I had evidence the broker had been informed (a letter from them thanking me for informing them about the points) so no further action was taken by the underwriters and my claim was settled and I got my excess back. Seems some brokers will do anything to get your business and just hope there is no claim.
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