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The insurance ombudsman
gives this as an example of an exclusion clause.
Most motor insurers won't pay for stolen cars when the keys are
in or near the vehicle. At the extreme, this can lead to car-jackings
being excluded. The ombudsman says
If insurers intend to use exclusions of this type to defeat
the sort of claims most people would expect to be met, they will
have to give these terms extra prominence. It is not enough to
say the policyholder had an opportunity to read his policy and
understand what the insurer would not pay for. If an insurer will
not pay for some thefts, it must make this abundantly clear.
The ombudsman gives some examples of complaints they have dealt
with.
- Cover was arranged over the phone and the car was stolen the
next day. The policy did not arrive until after the car was stolen,
so the insurer could not rely on an exclusion which it had not
mentioned on the phone.
- The policyholder left the keys in his car when he went to speak
to his son about 8 feet away, and thieves drove the car off. The
ombudsman held that the insurer was liable despite an exclusion
clause.
- The policyholder backed out of his garage and popped back into
the house for 30 seconds. When he came back out, the car had been
stolen. The ombudsman accepted the claim, saying the policyholder
had not been reckless.
- But someone left his Land Rover outside a terraced house while
he went inside to close windows upstairs and downstairs and set
the alarm. There was a spare set of keys in the vehicle, which
was stolen. The ombudsman rejected the complaint.
The ombudsman has to decide whether the car was unattended in the
sense defined by law, and whether a policyholder behaved reasonably.
This can be influenced by
- The value of the car (look after a Porsche more carefully than
a Lada)
- The neighbourhood
- The degree to which the driver kept the vehicle under observation
- How long the car was likely to be unoccupied.
This means you may briefly have left the keys in your vehicle,
and if it is stolen your claim may be paid despite an exclusion
clause in the policy.
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