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Kasare
Kasare, Solicitor
Category: Law
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Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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Swinton insurance informed me that my car insurance was cancelled.

Resolved Question:

Swinton insurance informed me that my car insurance was cancelled. They gave me no reason. I have not made a claim in the past five years and have no idea why this has happened. I did quickly get cover from the AA but had to disclose that I have had insurance cancelled by the insurer this pushed my premiums up by hundreds of pounds.
Where do I stand regarding having no explanation and my insurance history now being tainted with massive financial implications.
If the insurer has made a mistake how do I get them to see this and possibly compensate for the hype in my current ability to be insured
thank you in advance
Submitted: 1 year ago.
Category: Law
Expert:  Kasare replied 1 year ago.
Hi thanks for your question, I will assist you with this.
There are a number of reasons that an insurance company can cancel your policy such as failure to pay the premium on time, non disclosure issues (such as convictions, accidents, previous claims, change of address/employment etc) or fraud. I have known insurance to be cancelled for failing to provide evidence of no claims bonus.
The Consumer Insurance (Disclosure and Representations) Act 2012 says that the consumer's duty is to "take reasonable care not to make a misrepresentation", replacing the previous duty to disclose all necessary information.
Is any of this possibly applicable to you?
Did the company give you notice? Did they not contain details of a complaint department?
You need to make a formal complaint to the insurance company. If you purchased insurance through a broker they may make the complaint for you, so you should ask. They will then have 8 weeks to look at your complaint, but they will acknowledge the complaint in the first instance setting out their procedures and what to do if your not satisfied.
If after they have reviewed your complaint, you are still not satisfied, then you need to make a formal complaint to the Financial Services Ombudsman.
I hope this assists. If you have any further questions, please ask.
Customer: replied 1 year ago.

Thank you for your response.

I will write to Zenith and ask them for more information although they were not very helpful on the phone.

My insurance was through Swinton who I have been with for almost a decade, so they had all my details on file. I hadn't missed a payment or made a claim or even changed employment so I am at a loss as to their sudden cancellation.

Is there a legal obligation for the insurer to show just cause for cancellation as their actions have financial consequences to me, or can an insurer just withdraw cover?

Kindest regards

Expert:  Kasare replied 1 year ago.
Hi Denise, sorry for the delay in replying!
If your broker were not helpful then I would suggest that you write your complaint directly to the insurer.
Insurance Companies owe their Insured a contractual and common law duty of good faith and fair dealing, however, they can withdraw cover and usually find the smallest reason to justify their cancellation.
But you also need to ascertain if they have cancelled the policy from inception or from a specific date. if from inception they should reimburse your payment (less an admin fee)
If they uphold your complaint they can offer you compensation. If this is not sufficient, you can go to the ombudsman.
Also if they uphold your complaint and find they have cancelled the policy in error, you can contact your new insurer and advise the complaint has been resolved and see if they are willing to recalculate your premium. Thereafter you would not have to notify any company that you have ever had a policy cancelled.
If you need any further explanation, just ask.
Kas
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience: Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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