Go Back   English Forum Switzerland > Help & tips > Insurance  
Reply
 
Thread Tools Display Modes
  #1  
Old 22.06.2011, 09:15
Senior Member
 
Join Date: Sep 2008
Location: Baar
Posts: 286
Groaned at 1 Time in 1 Post
Thanked 116 Times in 57 Posts
bobo_97 has earned the respect of manybobo_97 has earned the respect of manybobo_97 has earned the respect of many
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.
Reply With Quote
  #2  
Old 22.06.2011, 10:39
adrianlondon's Avatar
Forum Legend
 
Join Date: Nov 2009
Location: Basel
Posts: 9,131
Groaned at 170 Times in 153 Posts
Thanked 25,643 Times in 6,892 Posts
adrianlondon has a reputation beyond reputeadrianlondon has a reputation beyond reputeadrianlondon has a reputation beyond reputeadrianlondon has a reputation beyond reputeadrianlondon has a reputation beyond reputeadrianlondon has a reputation beyond repute
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!).
Reply With Quote
This user would like to thank adrianlondon for this useful post:
  #3  
Old 22.06.2011, 10:42
Senior Member
 
Join Date: Sep 2008
Location: Baar
Posts: 286
Groaned at 1 Time in 1 Post
Thanked 116 Times in 57 Posts
bobo_97 has earned the respect of manybobo_97 has earned the respect of manybobo_97 has earned the respect of many
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
Reply With Quote
  #4  
Old 22.06.2011, 10:42
yjt yjt is offline
Forum Veteran
 
Join Date: Jul 2009
Location: Aargau
Posts: 586
Groaned at 12 Times in 10 Posts
Thanked 601 Times in 261 Posts
yjt has a reputation beyond reputeyjt has a reputation beyond reputeyjt has a reputation beyond reputeyjt has a reputation beyond repute
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
Reply With Quote
The following 2 users would like to thank yjt for this useful post:
  #5  
Old 22.06.2011, 10:45
adrianlondon's Avatar
Forum Legend
 
Join Date: Nov 2009
Location: Basel
Posts: 9,131
Groaned at 170 Times in 153 Posts
Thanked 25,643 Times in 6,892 Posts
adrianlondon has a reputation beyond reputeadrianlondon has a reputation beyond reputeadrianlondon has a reputation beyond reputeadrianlondon has a reputation beyond reputeadrianlondon has a reputation beyond reputeadrianlondon has a reputation beyond repute
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.
Reply With Quote
  #6  
Old 22.06.2011, 10:50
Senior Member
 
Join Date: Sep 2008
Location: Baar
Posts: 286
Groaned at 1 Time in 1 Post
Thanked 116 Times in 57 Posts
bobo_97 has earned the respect of manybobo_97 has earned the respect of manybobo_97 has earned the respect of many
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!
Reply With Quote
  #7  
Old 22.06.2011, 10:50
NotAllThere's Avatar
Modulo 2
 
Join Date: Oct 2008
Location: Baselland
Posts: 15,046
Groaned at 307 Times in 263 Posts
Thanked 23,226 Times in 9,433 Posts
NotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond repute
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.
Reply With Quote
This user would like to thank NotAllThere for this useful post:
  #8  
Old 22.06.2011, 11:04
Phil_MCR's Avatar
Forum Legend
 
Join Date: Oct 2009
Location: Basel
Posts: 14,954
Groaned at 295 Times in 199 Posts
Thanked 19,026 Times in 8,002 Posts
Phil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond repute
Re: Can they change the contract whenever they want? Is it legal?

Quote:
View Post
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.
Reply With Quote
  #9  
Old 22.06.2011, 12:55
saint7uk's Avatar
Forum Veteran
 
Join Date: Mar 2011
Location: Samstagern
Posts: 989
Groaned at 9 Times in 9 Posts
Thanked 586 Times in 358 Posts
saint7uk has a reputation beyond reputesaint7uk has a reputation beyond reputesaint7uk has a reputation beyond reputesaint7uk has a reputation beyond repute
Re: Can they change the contract whenever they want? Is it legal?

Quote:
View Post

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.
Reply With Quote
  #10  
Old 22.06.2011, 12:56
Guest
 
Posts: n/a
Re: Can they change the contract whenever they want? Is it legal?

Quote:
View Post
the third time someone took a knife and cut my bag in between my legs....
That must have stung a bit.
Reply With Quote
The following 2 users would like to thank for this useful post:
  #11  
Old 22.06.2011, 13:04
PaddyG's Avatar
Forum Legend
 
Join Date: Aug 2007
Location: Pensier, Fribourg
Posts: 9,243
Groaned at 118 Times in 102 Posts
Thanked 16,857 Times in 5,912 Posts
PaddyG has a reputation beyond reputePaddyG has a reputation beyond reputePaddyG has a reputation beyond reputePaddyG has a reputation beyond reputePaddyG has a reputation beyond reputePaddyG has a reputation beyond repute
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
Reply With Quote
  #12  
Old 22.06.2011, 13:08
PaddyG's Avatar
Forum Legend
 
Join Date: Aug 2007
Location: Pensier, Fribourg
Posts: 9,243
Groaned at 118 Times in 102 Posts
Thanked 16,857 Times in 5,912 Posts
PaddyG has a reputation beyond reputePaddyG has a reputation beyond reputePaddyG has a reputation beyond reputePaddyG has a reputation beyond reputePaddyG has a reputation beyond reputePaddyG has a reputation beyond repute
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 .
Reply With Quote
  #13  
Old 22.06.2011, 13:14
Guest
 
Posts: n/a
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.
Reply With Quote
The following 2 users would like to thank for this useful post:
  #14  
Old 22.06.2011, 13:16
Phil_MCR's Avatar
Forum Legend
 
Join Date: Oct 2009
Location: Basel
Posts: 14,954
Groaned at 295 Times in 199 Posts
Thanked 19,026 Times in 8,002 Posts
Phil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond repute
Re: Can they change the contract whenever they want? Is it legal?

Quote:
View Post
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?
Reply With Quote
  #15  
Old 22.06.2011, 13:18
PaddyG's Avatar
Forum Legend
 
Join Date: Aug 2007
Location: Pensier, Fribourg
Posts: 9,243
Groaned at 118 Times in 102 Posts
Thanked 16,857 Times in 5,912 Posts
PaddyG has a reputation beyond reputePaddyG has a reputation beyond reputePaddyG has a reputation beyond reputePaddyG has a reputation beyond reputePaddyG has a reputation beyond reputePaddyG has a reputation beyond repute
Re: Can they change the contract whenever they want? Is it legal?

Quote:
View Post
did you have to pay an excess?
200.- per claim
Reply With Quote
  #16  
Old 22.06.2011, 13:21
Mowvich's Avatar
Forum Veteran
 
Join Date: Apr 2007
Location: Genève
Posts: 1,422
Groaned at 28 Times in 20 Posts
Thanked 1,308 Times in 607 Posts
Mowvich has a reputation beyond reputeMowvich has a reputation beyond reputeMowvich has a reputation beyond reputeMowvich has a reputation beyond reputeMowvich has a reputation beyond repute
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
Reply With Quote
  #17  
Old 22.06.2011, 13:22
saint7uk's Avatar
Forum Veteran
 
Join Date: Mar 2011
Location: Samstagern
Posts: 989
Groaned at 9 Times in 9 Posts
Thanked 586 Times in 358 Posts
saint7uk has a reputation beyond reputesaint7uk has a reputation beyond reputesaint7uk has a reputation beyond reputesaint7uk has a reputation beyond repute
Re: Can they change the contract whenever they want? Is it legal?

Quote:
View Post
200.- per claim
200 per claim up to 2000 value single occurrence?
Reply With Quote
  #18  
Old 22.06.2011, 13:37
Guest
 
Posts: n/a
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).
Reply With Quote
  #19  
Old 22.06.2011, 17:44
fatmanfilms's Avatar
Forum Legend
 
Join Date: Apr 2010
Location: Verbier
Posts: 21,376
Groaned at 461 Times in 352 Posts
Thanked 23,091 Times in 11,824 Posts
fatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond repute
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.
Reply With Quote
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Change of Contract swans1984 Employment 2 31.12.2010 20:39
Is my contract legal? doubao Employment 6 06.05.2010 08:53
A legal contract question i hope someone can answer Blackvisor Employment 3 20.05.2009 15:24
Looking for legal advice and contract redaction help greeneyesgirl Employment 1 21.03.2009 11:48
Change of contract from same employer fromsiggenthal Permits/visas/government 2 15.07.2008 11:29


All times are GMT +2. The time now is 01:31.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2022, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0