I am with AXA insurance for several years and in August 2005 My home was burnt down. They settled on the buildings and only partial payment on the contents.
I supplied them with all the necessary documentation and photos of items lost but they have declined to put an offer on several items and told me to take it to arbitration.
So I engaged a solicitor to start the process in July 2006 however AXA did not answer my solicitors letters for 4 months and at that stage only a one line letter giving us the name of their solicitor .It is now almost 6 months since AXA told us to go to arbitration.
My question is: due to their delaying tactics am I entitled to sue them for breach of contract etc instead of waiting indefinatly for an arbitrator to decide
2007-01-04 10:25:57 · 14 answers · asked by Orphans 2 in Business & Finance ➔ Insurance
Additional details:
My insurance policy states contents unlimited.
New for old with the exception of clothing which is subject to depreciation.
They have now cancelled the policy terms unlimited contents section and increased my premium from 500 euro 2400 euro
My solicitor is not sure if we can sue as AXA did not send a copy of the policy documents as requested.
2007-01-04 10:45:11 · update #1
AXA are regulated by the Financial Services Authority and have a duty to "treat customers fairly". The Unlimited cover is always an issue as they always have a figure in mind to rate the premium regardless of what they tell you. In cases where you have a payment of a claim dispute you need to contact The Financial Ombudsman Service. This will be free to you. Did you purchase a seperate Household Legal Expenses policy with your household insurance? If you did call them. they may also pursue it and it will not cost you. A Loss Assessor will charge you either a fee or a settlement as a % of your claim so be careful using this service. You could also approach a local broker with an AXA agency. They may be able to transfer the policy into their agency and then help you with the claim. If it is an AXA direct policy this may not be possible.
Good Luck
As for delay tactics unless their policy wording states full and final settlement within a given timescale and it is unlikely it does there is no breach.
2007-01-05 02:53:59 · answer #1 · answered by Angel1 2 · 3⤊ 1⤋
Have you, or your legal counsel, reviewed the terms of the policy?
There are some policies which do not fully reimburse losses of contents and personal property. There are riders and exclusions which are added almost yearly and if you don't review the policy when the premium bill arrives, you may not have any recourse.
I would suggest that you sit down with the agent, if it is still possible, to review and resolve the issues in accordance with the terms of the policy.
I don't think you have adequate grounds for a suit.
2007-01-04 10:32:21 · answer #2 · answered by PALADIN 4 · 1⤊ 0⤋
You should contact the insurance ombudsman, they are impartial and axa have to answer within 7 days i think, or the ombudsman will fine them. Send copies of everything you have to the ombudsman, letters, photos, emails, whever you have. They will get on your case for you.
I worked in insurance for many years and have dealt with lots of cliams that went to the ombudsman. Some went in favour of the insurer, some with the policy holder. And I can honestly say I never saw an unjust decision, no matter who is was for or against.
2007-01-04 10:42:40 · answer #3 · answered by lozzielaws 6 · 1⤊ 1⤋
report them to the insurance ombudsman get your self a really good solicitor it could cost you more than it's worth but if you have a good case the solicitor will tell you and then if you win they will have to pay all your costs also you need to kick your present solicitor into action why did he wait 4 months!!!! you need proper legal advice, you are paying them to act for you and they are not doing it, I would suggest you first port of call should be to find a good solicitor who knows what he is doing there are plenty on the web but they need to know how to deal with a case like this. hope this helps and good luck
2007-01-04 10:34:16 · answer #4 · answered by blackwidow2408 2 · 1⤊ 0⤋
A solicitor is never the best course of action when a policyholder has a claim dispute - always, always, always appoint a Loss Assessor instead to act on your behalf.
See http://www.ajcconsultants.ltd.uk
2007-01-04 18:00:11 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Insurance ombudsman, and you should employ an independent loss assesor!! Not an adjustor, who axa would have employed to assess the claim downwards.
2007-01-04 10:31:38 · answer #6 · answered by My name's MUD 5 · 1⤊ 0⤋
Get some petrol.
Pour it through AXA letterbox.
Throw in a match.
See how they like it !
xx
lol
2007-01-04 10:35:41 · answer #7 · answered by Anonymous · 1⤊ 0⤋
I would advise you to follow the path set out by Angel (above) and who ever thumbed that one down obviously dosn't know alot about insurance
2007-01-06 11:03:58 · answer #8 · answered by CW 2 · 1⤊ 0⤋
Ask this question to your solicitor. He/she is the best person to give you legal advice on this issue.
2007-01-04 10:30:09 · answer #9 · answered by drshorty 7 · 1⤊ 0⤋
it depends if you insured your contents for enough money different items are insured for different amounts alot of companies do blanket cover basically they insure overall some companies like esure dont they insure differently and you can cover more expensive items specifically they also insure new for old read your policy booklet inside and out see how exactly you are covered
2007-01-04 10:32:26 · answer #10 · answered by Jo C 3 · 1⤊ 1⤋