Mobile phone and gadget insurance
Customers buy insurance to cover risks to their mobile phone and other gadgets.
It can be very stressful for customers to lose or damage their mobile phone or gadget. If they come to us with a complaint about an insurance claim, we’ll listen to both sides of the story and deal with it fairly.
Types of complaint we see
Customers often complain to us that the:
- policy was mis-sold;
- policy wording was misleading;
- insurer wrongly refused to pay the claim because it applied an exclusion or a limitation that shouldn’t have been applied;
- insurance policy continued beyond the phone contract;
- policy was automatically renewed;
- replacement phone or gadget is refurbished and not a new one
Handling a complaint like this
When you receive a complaint, you should reply to your customer within the relevant time limits.
If a customer complains and you don’t respond within the time limits, or they disagree with your response, they can bring their complaint to us. We’ll check if it’s something we can deal with, and if it is, we’ll investigate.
We’ll expect you to be able to show us that you’ve investigated the complaint thoroughly and that you have reflected carefully on the circumstances.
Find out more about how to resolve a complaint.
What we look at
When we consider these complaints, we’ll look at all the facts to decide what’s fair and reasonable in each case. We’ll look at the policy’s wording and any other relevant documents, like the policy summary.
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Most policies contain exclusions and limitations. If we think any of these are significant or unusual, we’ll look at what you told the customer at the time they took out the policy.
We’ll also consider things like:
- did you get in touch with the customer to let them know the policy would renew automatically;
- what the policy says about taking care of the insured device – and whether this was made clear to the customer at the point of sale;
- what the policy says about replacement phones or gadgets. Most policies will provide refurbished replacements and not a new phone or gadget but was this made clear in the policy terms?
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If the complaint is about a mis-sale, we’ll look at who sold the policy. We’ll also look at whether or not you provided advice to the customer when they bought it.
If you given advice, you have a responsibility to make sure the policy is right for the customer.
If the customer bought the policy without advice, they should have been given enough information to decide if the policy was right for them. At the point of sale, you must provide information that’s:
- clear
- fair
- not misleading
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We always look at policy terms and conditions. You must handle claims promptly and fairly – you shouldn’t reject a claim unreasonably.
The policy requirements may differ depending on the circumstances of the claim. This means the you might need to do different things depending on whether your phone is lost or stolen.
Customers will have to do certain things within either a specified amount of time or a ‘reasonable’ amount of time when they make a claim.
Putting things right
If we decide you’ve treated the customer unfairly, or have made a mistake, we’ll ask you to put things right. Our general approach is that the customer should be put back in the position they would have been in if the problem hadn’t happened.
Complaints about claims
Where the complaint is about a claim, we may ask you to:
- make necessary repairs
- replace the mobile phone or gadget
- offer a cash settlement – this will generally be the cost of replacing the phone or gadget with one of the same age and condition before the insured event from a reputable source
- compensate for distress or inconvenience the customer had experienced
Complaints about mis-sold policies
If we think the policy was mis-sold and the customer wouldn’t have gone ahead with the policy had it been sold correctly, we may ask you to:
- refund their premiums with interest
- paying all or part of a claim
- compensate for distress or inconvenience the customer had experienced
Case studies
A consumer’s claim was declined because her insurer said she didn’t ‘own’ the phone
Mobile Phone Insurance
Consumer complains that a cash settlement is not enough
Mobile Phone Insurance
Consumer unhappy with insurer’s decision to decline claim
Mobile Phone Insurance
Business Support Hub
If you want to talk informally about a complaint you’ve received, you can speak to our Business Support Hub. Our Business Support Hub can give general information on how the Financial Ombudsman might look at a particular complaint. We also offer guidance on our rules and how we work.
Find out how to contact the Business Support Hub.
Information for consumers
If you’re a consumer looking for information on making a complaint, you can read more about how we can help with complaints about mobile phone and gadget insurance on our dedicated information page for consumers. Or to make a complaint, read about how to complain.