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| Tel: 01923 225201 |
| Fax: 01923 818657 |
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Henry Dony Associates
Public Loss Assessors
Hill House
10 Ye Corner
Bushey
Watford
Hertfordshire
WD19 4BS |
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Case Studies
Breach of Policy Warranty
An elderly couple living in South London returned home one evening to find the back door of their house kicked in. The house had been ransacked and all their valuables, including many items of great sentimental value, had been taken.
They contacted us and we attended promptly. As we normally do, we took photographs of the house including, crucially, the smashed back door and frame. Insurers appointed a Firm of Loss Adjusters and a few days after we met them on site they told us that they were recommending to Insurers that they repudiate liability on the grounds of the policyholders' non-compliance of a policy warranty. The policy stated that all exterior doors were to be fitted with a five lever mortise deadlock. The door through which the thieves gained access was fitted with a two lever mortise deadlock, and this, they contended, was sufficient grounds for Insurers to refuse to meet the claim.
We scrutinized the policy wording and concluded that whilst there had been a breach of a policy warranty, the breach was not material having regard to the circumstances. We were able to show from the photographs we took that the force used to break down the door was such that, even if there had been a five lever mortise deadlock fitted the effect would, in all probability, have been the same. The frame was smashed and would probably have yielded to the force used, whatever type of lock would have been fitted. Predictably Insurers did not share our view at first, but we persisted and after a few weeks' wrangling, they agreed to meet the claim.
Contact us now
You can contact us at any point in the claim process, but remember that the way a claim is presented is as important as the way it is negotiated, so the earlier you contact us the better. Contact us now for a free consultation.
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Henry Dony Associates - Public Loss Assessors
Hill House, 10 Ye Corner, Bushey, Watford, Herts WD19 4BS
Tel: 01923 225201 Fax: 01923 818657 Email: info@henrydony.co.uk
Authorised and Regulated by the Financial Services Authority
Member of the Institute of Public Loss Assessors
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