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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 16799
Experience:  Solicitor
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Break in at my store. Major insurance company refusing to

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Break in at my store. Major insurance company refusing to pay the £4000k claim because they say we should have notice the change in terms from last year which required shutters to door and window. My point is this was a material change from the previous 3 years which was not specifically referred to in the 18 page Statement of Fact. I am not disputing the Policy I am disputing that the change in terms should have been very clearly stated and it was not.
JA: Where are you? It matters because laws vary by location.
Customer: Derby, UK
JA: What steps have you taken so far?
Customer: Claimed as procedure and appealed (which was declined in two days). I accept that had the Material Change been clear and we had not acted, it should be our loss. My point is that neither the broker or Allianz the insurer made such a major change clear at renewal Allianz adopted our policy from LVE when they acquired LVE.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The repair cost was mall and paid by the landlord. We are awaiting a c. £100 bill from the police for boarding up the damaged door. The Police are charging the thief but we will not be able to recover as we understand he is sadly a drug addict, although not homeless.

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

What is it you want to know about this today please?

Customer: replied 13 days ago.
I have provided the background to Allianz refusing to accept liability on our loss due to the reason I have explained. Is it worth considering legal action e.g. via the small claims court process to recover. I firmly believe they should have made the change in terms very clear last June when they adopted the policy having acquired LVE during 2019.

How much are you owed?

Customer: replied 13 days ago.
Happy to receive the service I signed up for at this stage i.e. no call required
Customer: replied 13 days ago.
Please read my initial submission in these exchanges
Customer: replied 13 days ago.
Why am I not receiving a response please
Customer: replied 13 days ago.
I have to go out for an hour now. Disappointed I received no meaningful response as of now. Thanks.

Forgive me, it does say this is an email service and not on demand in the introduction.

How much are you owed? Is it the £4000 or £100?

Customer: replied 13 days ago.
Back now. £3,300 of which just under £3,000 was stock and the balance was the door repair and boarding up.

You need to write a letter, set out your losses and request payment within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate.

If you need anything further I am available for a follow up at no extra cost.

Customer: replied 13 days ago.
Really helpful thanks. Key is do you think I have a chance of success on my key point. The change in cover was material and was not clearly set out in the renewal documents. It was lost on page 29 of the 72 page Policy. My issue is that the insurer and the broker should have clearly pointed this out.

Yes I think you have a good chance.

Does that clarify?

Jamie-Law and 3 other Law Specialists are ready to help you