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Insurance taking payment when i'm allgedly not covered.

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  • 15-01-2014 1:48pm
    #1
    weldoninhio
    Closed Accounts Posts: 14,311 ✭✭✭✭


    Hi there,

    Quick query. I'm currently in dispute with an insurance company over a lost phone. They are claiming that I can't claim as it is a second claim within a certain time period. In the documentation that they have sent me, there is nothing in the T&Cs about a time period. I also believe that they are incorrect about the dates.

    However, they have been charging me an insurance fee every month since July, even though by their reckoning I would not be covered for anything until Mid-January. Is this legal? Should they have informed me of this? Should i be paying for insurance even though i'm receiving no benefit from it??

    Thanks


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    #2
    Greenmachine
    Registered Users Posts: 5,063 ✭✭✭Greenmachine


    What does your original T&C's say about the term of your contract.


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    #3
    weldoninhio
    Closed Accounts Posts: 14,311 ✭✭✭✭weldoninhio


    The T&Cs say nothing about lost and stolen phones. The only section with anything resembling a time period is "The Cover provided: Repair of the mobile phone by the Administrator, its servants or agents, provided the phone is not damaged beyond economic repair. The insured shall only be entitled to two such repairs during any 12 month period."

    I may be being pedantic, but i have not gotten any phone repaired by them. One was stolen, and the most recent was lost. I'm appealing this decision, but my man question is if i lose this appeal, do i have any rights regarding the insurance company taking payment even though they knew that they wouldn't cover me?


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    #4
    peteb2
    Registered Users Posts: 1,813 ✭✭✭peteb2


    No. The premium would be an annual premium. Just because you pay it on a monthly basis this does not change the nature of it being a 12 month policy. Normal practice would be if you paid the policy in one lump and wished to cancel there would be no refund on the premium.

    suggest you relook at the t & c's to see if it says otherwise.


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    #5
    weldoninhio
    Closed Accounts Posts: 14,311 ✭✭✭✭weldoninhio


    Doesn't say anything about 12 month cover. Period of cover on the t&C states "The period whilst the insured continues to pay premium as required to the Insurer"


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    #6
    peteb2
    Registered Users Posts: 1,813 ✭✭✭peteb2


    who the insurer?


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    #7
    weldoninhio
    Closed Accounts Posts: 14,311 ✭✭✭✭weldoninhio


    peteb2 wrote: »
    who the insurer?

    Its Phonecover, through O2, i think its Zurich.


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    #8
    oldyouth
    Closed Accounts Posts: 4,754 ✭✭✭oldyouth


    I'm not familiar with phone/gadget insurance, but can I ask you to look at the policy wording for some form of heading that references Reinstatement of Sum Insured Following Loss?

    Some insurance policies treat the cover as being 'determined' if you make a claim for total loss of an insured item. In other words, if the item covered is paid for in full, the cover ends and you must take out a new policy for the replacement.

    In that case, they shouldn't keep taking the premium unless it is written somewhere that it is 'minimum and deposit' In plain English that means, when you agree a premium at inception, you promise to pay that amount in full regardless of whether you cancel the policy or put in a full value claim


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