Would standard home insurance cover damage to memory loss?
Discussion
Stock response is read the wording. If your policy starts with the expression "all risks of accidental damage" (or similar - the key point is the all risks bit) then the onus of proof shifts from you to prove coverage under the policy to the insure to prove that it isn't (usually via the operation of an exclusion). Given any restriction (be it exclusion or limit or warranty) will be construed against the drafters (ie insurer) it's got to be very clear what is being excluded as judges tend to rule in favour of claimants anyway. The final thing to consider though is the one exclusion which is not in the policy as that is the principle of fortuity. Whilst this sounds daunting, in reality the only way an insurer is going to be able to avoid the claim on that basis is if they can prove it was a deliberate act (which would also come under the heading of fraud, but that's off topic).On the OP's question though, if you negligently (rather than grossly negligently, ie deliberately and with reckless regard for the consequences) left the gas on and the house exploded/burnt down then unless fire/explosion is specifically and clearly excluded (and I believe that's not permitted in this class of business, but I'm not an expert - in any case a severe restriction like this would have to be in the policy key facts booklet) then you're fine.
'With respect the accidental damage question, house contents is usually done on a named perils basis rather than all risks, which is why you tend to find that accidental damage cover (for contents) is an add on for additional premium.
With respect the actual memory loss/shouldn't have the equipment argument, the only way that would work is if the policyholder had lied on their application form to the effect ifbsaying "I never forget anything and would never leave the gas on, I promise" and even then I'd be surprised to see it go to court as the PR consequences would be awful. Contrary to popular belief, insurance companies aren't actually always trying to find ways to avoid claims. If you're straight with them and don't try to gild the Lily things should be fine°
°this statement excluded medical insurance which is underwritten on a different basis so things can get complicated around the disclosure at proposal stage, and motor (which is probably the most complained about insurance (travel would be the other lead contender) out there. I'm not going to postulate reasons as it's not my market)
With respect the actual memory loss/shouldn't have the equipment argument, the only way that would work is if the policyholder had lied on their application form to the effect ifbsaying "I never forget anything and would never leave the gas on, I promise" and even then I'd be surprised to see it go to court as the PR consequences would be awful. Contrary to popular belief, insurance companies aren't actually always trying to find ways to avoid claims. If you're straight with them and don't try to gild the Lily things should be fine°
°this statement excluded medical insurance which is underwritten on a different basis so things can get complicated around the disclosure at proposal stage, and motor (which is probably the most complained about insurance (travel would be the other lead contender) out there. I'm not going to postulate reasons as it's not my market)
On a defined perils policy, one where the broad events you are covered for are listed, explosion is covered, as is fire, usually with minimal exclusions attached to those specific perils. Failing both of those, it could fall under accidental damage, which is usually defined as 'sudden, unintentional, unexpected physical damage that can be seen'
Most policies excluded 'deliberate acts'. If someone simply forgets to do something and it wasn't intentional, for example memory loss, this isn't deliberate and this wouldn't apply.
Personally I'd take a look at the wording, look to see what is said against fire and explosion and if any exclusions apply to those perils. Then read the the General Exceptions applying to that section for example 'buildings' and finally then read through the General Conditions applying to the whole policy. If there isn't an exclusion in those three areas that relates to what you are claiming for, you'll be fine.
Most policies excluded 'deliberate acts'. If someone simply forgets to do something and it wasn't intentional, for example memory loss, this isn't deliberate and this wouldn't apply.
Personally I'd take a look at the wording, look to see what is said against fire and explosion and if any exclusions apply to those perils. Then read the the General Exceptions applying to that section for example 'buildings' and finally then read through the General Conditions applying to the whole policy. If there isn't an exclusion in those three areas that relates to what you are claiming for, you'll be fine.
Edited by Snails on Thursday 19th January 09:06
We have thought about replacing the hob but she's not supposed to use the existing one anyway and to be honest, we can't afford to put in new hob.
I've removed all the food that she could be tempted to cook on the hob and I'm going to put a box/cover over the knobs so she can't access them.
She mainly uses the microwave and electric oven so really, it's a case of removing the incentive to use the hob and then all should be well!
I've removed all the food that she could be tempted to cook on the hob and I'm going to put a box/cover over the knobs so she can't access them.
She mainly uses the microwave and electric oven so really, it's a case of removing the incentive to use the hob and then all should be well!
footnote said:
We have thought about replacing the hob but she's not supposed to use the existing one anyway and to be honest, we can't afford to put in new hob.
I've removed all the food that she could be tempted to cook on the hob and I'm going to put a box/cover over the knobs so she can't access them.
She mainly uses the microwave and electric oven so really, it's a case of removing the incentive to use the hob and then all should be well!
Can't you just turn the gas to it off?I've removed all the food that she could be tempted to cook on the hob and I'm going to put a box/cover over the knobs so she can't access them.
She mainly uses the microwave and electric oven so really, it's a case of removing the incentive to use the hob and then all should be well!
And try to get a diagnosis! It opens up a whole world of help.
karona said:
There are hundreds of chip pan fires caused by memory loss every year.
My better half destroyed a kitchen due to Multiple Sclerosis induced "Cognitive Dysfunction" and the Insurance Co paid out in full.
Exactly this.My better half destroyed a kitchen due to Multiple Sclerosis induced "Cognitive Dysfunction" and the Insurance Co paid out in full.
People confuse basic perils cover with accidental damage cover.
A household policy covers a range of basic perils, such as fire, explosion, impact etc. You are covered for those even if you caused them yourself (assuming it wasn't deliberate.) Forgetting to turn the gas off and blowing up the house is covered, falling asleep smoking and setting the house alight is covered. Reversing up your drive and crashing into the living room is covered.
Then there is other damage you can do yourself that falls outside the basic perils, such as going into the loft and stepping off the rafters and falling thru the ceiling. To cover stuff like that you need extended accidental damage cover.
saaby93 said:
footnote said:
We have thought about replacing the hob but she's not supposed to use the existing one anyway and to be honest, we can't afford to put in new hob.
How much is too much? £100?She isn't supposed to use the hob anyway because of potential issues with leaving stuff to burn - like chip pans.
The potential for leaving the hob going with the gas unlit is a new 'possibility'.
We haven't got £100 to spend on that - if that's what it costs.
And in any case preventing her from blowing the street up would not prevent her from burning the house down.
The simplest and cheapest solution I can come up with is to prevent access to the hob controls.
I'm open to better ideas.
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