MiWay Insurance claim for Camera

Jameson1984

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Nov 27, 2017
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Hi

I need some advice on a claim that MiWay rejected.

The incident:

My mom's camera was stolen from her NP200 bakkie recently. She left the camera under a gym bag at the back seat. The intruders broke the small window and opened the car, and thus we where left without a camera and tekkies.

So the claim was rejected with the following reason:

We wish to refer you to your MiWay Policy Wording in this regard, which states:

MiMovables

WHAT AM I NOT COVERED FOR UNDER MiMOVABLES?

Loss or damage caused by:
- theft from a vehicle unless there are visible signs of forced entry. Loose items must be concealed in the boot or cubby-hole of the vehicle. This does not apply to baby or toddler seats

In addition, we refer you to your MiWay Policy Schedule, which states: MiMoveables Conditions of Cover

- Loss or damage caused by theft from a vehicle is only covered if there are visible signs of forced entry that the vehicle was broken into. Loose items, except for baby and toddler seats, must be concealed in the boot, retractable or removable boot cover or cubbyhole of the vehicle.

During the underwriting of the Risk on 01 April 2016, you were also advised of the above conditions of cover. We trust that you will appreciate that we are obliged to adhere to the Policy conditions prevailing at the time of a loss.


Here is my problem:


The camera is a nikon D800 with a lens, there is no way that the camera was able to fit into the cubbyhole. And the camera was hidden under a gym bag.

Do you guys think I can object to this and have them review it? The camera cannot be stored in the cabbyhole so how can they insure it?

I hope someone can give me hope, my mom is completely devastated ...
 
Definitely challenge it and if they reject again, take it to the ombudsman
 
Loose items must be concealed in the boot or cubby-hole of the vehicle.

Here is your issue. Your vehicle does not have a boot and the cubby hole doesn't have space - so as far as MiWay are concerned, you didn't put it in the boot or cubby hole. Done and dusted (from their perspective).

Unfortunately they could just say that the movable item should not be carried in a vehicle that cannot securely lock the property in the boot or cubby hole... You can try to argue but the policy is pretty clear... (regardless of your vehicle)
 
Loose items must be concealed in the boot or cubby-hole of the vehicle.

Here is your issue. Your vehicle does not have a boot and the cubby hole doesn't have space - so as far as MiWay are concerned, you didn't put it in the boot or cubby hole. Done and dusted (from their perspective).

Unfortunately they could just say that the movable item should not be carried in a vehicle that cannot securely lock the property in the boot or cubby hole... You can try to argue but the policy is pretty clear... (regardless of your vehicle)
This.
Because even if they couldn't see the camera they could see the gym bag and decide to have a free gamble at what prize awaits their 60 seconds of "labour".
 
Loose items must be concealed in the boot or cubby-hole of the vehicle.

Here is your issue. Your vehicle does not have a boot and the cubby hole doesn't have space - so as far as MiWay are concerned, you didn't put it in the boot or cubby hole. Done and dusted (from their perspective).

Unfortunately they could just say that the movable item should not be carried in a vehicle that cannot securely lock the property in the boot or cubby hole... You can try to argue but the policy is pretty clear... (regardless of your vehicle)

Sadly I have to agree, leaving any form of bag lying visible in your car is inviting trouble.
 
Is you camera a specified item under the all risk section of your policy?
 
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