Thank you for the extra information. I’m going to be brutally honest with you and tell you that I’m surprised the insurer is agreeing to pay out at all. I am not saying that I cannot guarantee that you would not have a valid claim with the ombudsman however.
This term whereby the vehicle must be garaged is not at all uncommon on motorcycle policies in particular.
Assuming that you did have a garage and it was kept there at night and the motorcycle was stolen during the day, 10 miles away and the theft therefore was nothing whatsoever to do with whether the motorcycle was garaged or not then your claim has nothing to do with your nondisclosure.
Your nondisclosure was however deliberate. It was not accidental. I can tell you now that if your vehicle had been stolen from home, even in the locked van, I would be very surprised if it paid out and I would be very surprised if an ombudsman upheld your claim.
However, it wasn’t stolen from the drive or from the van, it was stolen 10 miles away.
If the insurer simply refuses to pay out the full value, then you have no alternative than to either sue the insurer or refer the matter to the Financial Ombudsman Service.
Although the insurer has said that they would take this insurance on, even if you didn’t have a garage, they would have wanted a much higher premium. However in your circumstances, the claim has nothing to do with the garaging. Exaggerating to prove the point, it would almost be like refusing to pay out your theft claim because you failed to disclose three penalty points was breathing! (Yes, that has cropped up).
The CCTV, the van, the tracker, the type of alarm lock, et cetera et cetera is not relevant. You said it was parked in the garage and it wasn’t.
I’m afraid that you have no alternative here to complain to the Financial Ombudsman. I think it’s 50-50 that the ombudsman will uphold your complaint because whilst the substance of the claim has nothing to do with the nondisclosure, it was blatant nondisclosure.
.Can I clarify anything else for you?
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