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22.06.2011, 08:15
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| | | Can they change the contract whenever they want? Is it legal?
I have an home insurance together with my girlfriend and I have been subject to theft twice and she ones. When I made a claim for the third time in a period of 3 years....I got this email:
"You had in the last 3 years 3 claims due to simple theft. Therefore we cannot continue the contract with a deductible of 200 francs. In future they will have a deductible of 1000 francs due to simple theft. When they give me the okey that you agree we will pay them the claims."
I asked what the definition of "simple theft" was, the fact we are TWO people on the contract and where in the contract it states that after three thefts in three years for two peopl that the deductible goes up.....the answer I got was this:
"In the contract its nowhere defined. After every claim they are going to check if the contract can continue with the same regulations. And the claim center decided that the contract can only continue with this following deductibles. Unfortunately we have only this solution about the hole contract for you and your girlfriend."
Is this really legal? Can they do this?
Thanks for any help. | 
22.06.2011, 09:39
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| | | Re: Can they change the contract whenever they want? Is it legal?
It seems they didn't try to change the excess from 200 to 1000 before paying the last claim, but only for potential future ones, right? If so, then they can probably do this. If you refuse, they will terminate the contract (using whatever notice period is already in the contract).
In other words they are, in effect, forcing you to agree to new contract terms. If you don't, they will no doubt legally terminate your contract, refund any money you've paid for the rest of the contract term, and then not insure you again (unless you agree to a 1000 excess!).
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22.06.2011, 09:42
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| | | Re: Can they change the contract whenever they want? Is it legal?
Cheers for that.
Sounds a bit harsh I think thou.....2 people, 3 claims in 3 years and still get an significant raise in the deductible.
If I go to another insurance company - will this carry over?
Also, do I have the right to cancel the contract as I dont feel they are doing this in the right way.
Cheers
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22.06.2011, 09:42
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| | | Re: Can they change the contract whenever they want? Is it legal?
Although I'm no expert but I'd say they are within their rights. Both parties are able to cancel the contract after a claim. The insurance has obviously decided that you've claimed too much and want to amend the terms. You are also able though to change insurancers so check comparis to see if you can find a better offer
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22.06.2011, 09:45
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| | | Re: Can they change the contract whenever they want? Is it legal?
If I were you, I'd check my contract to see how to terminate it (I would imagine all insurance contracts are cancellable) and then other companies - probably via comparis if it has the option to record previous claims - to see what they say. As you've had three claims in a shortish timespan they may well charge you a high premium or a high excess as well.
You must live in a dodgy area! Or the same thieves break in the same way each time and you don't change your security.
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22.06.2011, 09:50
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| | | Re: Can they change the contract whenever they want? Is it legal?
I have never been stolen from my house.....ones in an airport (the opened the bag), ones they took my bike from the train station and the third time someone took a knife and cut my bag in between my legs....
Wouldn't call it a lot.....as this is over 3 years for 2 people.
Also, if I would have known (ie been written in the contract) I wouldnt have claimed for the bike as it was not very expensive. This is what is frustrating...
anyway, thanks for the help!
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22.06.2011, 09:50
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| | | Re: Can they change the contract whenever they want? Is it legal?
A contract can be varied with the consent of both parties. They're asking if you agree to the change. If you don't, then they have to give notice (length should be defined in the contract) that they're terminating the contract, and you need to find a new insurer.
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22.06.2011, 10:04
|  | Forum Legend | | Join Date: Oct 2009 Location: Zurich
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| | | Re: Can they change the contract whenever they want? Is it legal? | Quote: | |  | | | I have never been stolen from my house.....ones in an airport (the opened the bag), ones they took my bike from the train station and the third time someone took a knife and cut my bag in between my legs....
Wouldn't call it a lot.....as this is over 3 years for 2 people.
Also, if I would have known (ie been written in the contract) I wouldnt have claimed for the bike as it was not very expensive. This is what is frustrating...
anyway, thanks for the help! | | | | | IMO, it is a lot. I've had one incident in 11 years (house burglary). you seem to be a high-risk customer.
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22.06.2011, 11:55
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| | | Re: Can they change the contract whenever they want? Is it legal? | Quote: | |  | | |
In other words they are, in effect, forcing you to agree to new contract terms. If you don't, they will no doubt legally terminate your contract, refund any money you've paid for the rest of the contract term, and then not insure you again (unless you agree to a 1000 excess!). | | | | | This is right, the cover is being "re-negociated" this is a clause for you to get out of the contract, if you don't agree they will null the contract anyhow.
I had a similar situation just last week with a forum member where the company increased his excess over claims on broken windshields. They also said he would have a 1000 deductible on further windscreen damage. It however worked in his benefit as he could get out early and we were able to take over and save him over 500 chufs pm.
I am confused by this statement 'tho "When they give me the okey that you agree we will pay them the claims." Do they owe you a payment still?
I take it they have given you a time to agree to the new terms? something like within 14 days of this letter, or was it all on e-mail?
All insurers will want to know about claims in the last 5 years that will affect premium rates. I would be happy to run your details through our systems and
see what offers are available and if staying with them at your existing premium, all be it with a high excess, is the best option for you.
Who are the current suppliers?
Best,
David.
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22.06.2011, 11:56
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| | | Re: Can they change the contract whenever they want? Is it legal? | Quote: | |  | | | the third time someone took a knife and cut my bag in between my legs.... | | | | | That must have stung a bit.
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22.06.2011, 12:04
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| | | Re: Can they change the contract whenever they want? Is it legal? | Quote: | |  | | | That must have stung a bit. | | | | | That's why he's called bobo
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22.06.2011, 12:08
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| | | Re: Can they change the contract whenever they want? Is it legal?
I've not had our deductable increased, but after having 2 bikes stolen within the course of less than a year, they did state that if I tried to make another claim, they wouldn't be so willing to pay up unless I'd taken every conceivable precaution. Neither bike was locked (but I told them the 1st one was), but the 2nd was in our, supposedly locked, parking garage. Unfortunately, people would often wedge the door open to bring groceries in and not bother to close it again  .
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22.06.2011, 12:14
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| | | Re: Can they change the contract whenever they want? Is it legal?
3 claims in 2 years- and for how much? We've had 2 claims in 30 years. All Insurance is based on risk- and unfortunately you are now considered a high risk. Sadly for most of us honest people, fraudulent claims are making all premiums go up through the roof.
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22.06.2011, 12:16
|  | Forum Legend | | Join Date: Oct 2009 Location: Zurich
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| | | Re: Can they change the contract whenever they want? Is it legal? | Quote: | |  | | | I've not had our deductable increased, but after having 2 bikes stolen within the course of less than a year, they did state that if I tried to make another claim, they wouldn't be so willing to pay up unless I'd taken every conceivable precaution. Neither bike was locked (but I told them the 1st one was), but the 2nd was in our, supposedly locked, parking garage. Unfortunately, people would often wedge the door open to bring groceries in and not bother to close it again . | | | | | did you have to pay an excess?
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22.06.2011, 12:18
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| | | Re: Can they change the contract whenever they want? Is it legal? | Quote: | |  | | | did you have to pay an excess? | | | | | 200.- per claim
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22.06.2011, 12:21
|  | Forum Veteran | | Join Date: Apr 2007 Location: Genčve
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| | | Re: Can they change the contract whenever they want? Is it legal? | Quote: | |  | | | 3 claims in 2 years- and for how much? We've had 2 claims in 30 years. All Insurance is based on risk- and unfortunately you are now considered a high risk. Sadly for most of us honest people, fraudulent claims are making all premiums go up through the roof. | | | | | Maybe we should start to pay the police to hire more personal instead of the insurance asking us to pay more for the inability to secure the streets, like this we're solving the crime problem at root.
So if today i got cancer, my insurance will ask me to pay more or cancel the contract?, i don't see a difference between the 2 cases really | 
22.06.2011, 12:22
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| | | Re: Can they change the contract whenever they want? Is it legal? | Quote: | |  | | | 200.- per claim | | | | | 200 per claim up to 2000 value single occurrence?
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22.06.2011, 12:37
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| | | Re: Can they change the contract whenever they want? Is it legal?
In the UK, and possibly here, many people find that nobody will insure them if they live in an area prone to flooding, subsidence, etc.
With regard to illness, no they can't raise your premium after you become ill. But those of us with pre-existing conditions and new to the country will find that their insurance will be limited to basic only (as we found out ourselves).
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22.06.2011, 16:44
| | Forum Legend | | Join Date: Apr 2010 Location: Geneva
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| | | Re: Can they change the contract whenever they want? Is it legal? | Quote: | |  | | | 3 claims in 2 years- and for how much? We've had 2 claims in 30 years. All Insurance is based on risk- and unfortunately you are now considered a high risk. Sadly for most of us honest people, fraudulent claims are making all premiums go up through the roof. | | | | | I have only had one theft claim ever, that was in London in 1982. It's a shame that I have to pay the same premiums as someone who claims every year. Insurance is not supposed to be used as a cash machine!
After 3 claims an excess of 1000 is very low, I am surprised they are not refusing theft cover, any more claims & I suspect they will.
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