Insurance Question

[alsenior]

who here would class private residential property as a public place.
The reason i ask is that O2 insure have rejected my claim based on the fact that i left it unattended in a public place. the 'public' place in question is a friends house

[Sinizter]

Seems reasonable enough if you did leave it unattended in a place where strangers could have easy access to your phone - but that might not be strictly true in this case.

On the other hand, a friend's house shouldnt really be considered a public place.

But I dont think you'll find a good reply in the legal sense here as it depends on your insurance documentation and the definition of a public place contained within.

[Spud1]

Was it in a locked room which only you (and your landlord [whoever that it, could be a friend]) had the key for?

Or was it in a lounge, kitchen, hallway etc?

You would have to look at the tennancy for the house too - if it is just your friends house and you are not listed anywhere (ie your friend owns the house, or is renting and you are not on the rent book) then 02 are completely justified, it is effectivly a public place, and is akin to me leaving my phone at work in an office..they wouldn't pay out then either.

If you are sharing a house and are both renting/paying a mortgage then you have to look at the terms. If renting, you have to check if the rent is per house or per room; if its per house then you should be covered, if its per room then you wont be.

Gets very complex but it basically depends on the exact situation in which your phone was nicked/damage (i'm guessing its a theft/damage claim?) and the circumstances with respect to where you are living

[Rev_Hill]

All depends on the circumstances of the theft and the terms and conditions.

They will always try not to pay out.

Example exclusions from 02:

3. Theft or Loss from a place where the
public has easy, unrestricted access.

4. Unattended Theft or Loss from any
property not accompanied by evidence of
forced entry or exit.

I do not think it actually specifies any definition of a public place in the o2 terms and conditions.

You should be able to claim if it was in a locked room / house. (no.3)

Rev