Help with home contents insurance: Theft of jewelry

Questioner

I have a home contents insurance policy with Ohra. I went on holiday in early December and when I returned, the entire house was turned upside down and emptied. Many valuables were taken, including a safe with a lot of jewellery. A few weeks later, an expert came by to assess the damage. The valuation report of the jewellery was submitted and a damage report was drawn up on the basis of that. My insurance has now only reimbursed household effects, the jewellery worth tens of thousands of euros is not reimbursed because a valuation report alone is not sufficient. I have to provide 'convincing evidence' such as purchase receipts. Is there anything to be said against this and is this normal practice?

Lawyer

This is about a very flexible and elastic concept: demonstrating the extent of the damage. Incidentally, the requirement for invoices is far too rigid: You can give this 'demonstration' form with, for example, your own statement, possibly reinforced with statements from (marriage) partner, children, family or friends. Also consider hiring your own expert (counter-expert): the Ohra policy offers this space and my colleagues or I will be happy to assist you.

Questioner

I contacted the insurance company immediately after the correspondence and explained what they meant by 'convincing evidence'. The person handling the case refused to give me a clear description because I was of the opinion that it is a concept that can be interpreted in different ways by each different person. He indicated that the letter clearly stated that I had to come with purchase receipts or bank statements. I explained that the jewelry comes from Africa and was purchased there and that electronic payment is not as advanced there as it is here and that everything is paid for in cash. It is true that I did find a copy of an invoice that is written in Arabic script. I sent this to the insurance company and they indicate that they do not know whether they can do anything with it. However, the invoice clearly states my name in Arabic and the weights of the jewelry that can be linked back to both the valuation report and the expert's report.

Questioner

Furthermore, I would like to point out that the amount of damage is clearly stated on the appraisal report. One of the few sworn appraisers has appraised the jewelry.

Lawyer

I find it questionable, even incorrect, that such a claims handler neither defines what he means nor has a translation made of the invoice presented. By the way, the fact that OHRA works without advisors is taking its revenge here. In my opinion, they abuse direct contact to sell you fables, fairy tales and inaccuracies.

Questioner

I want to correspond with this shady insurance company for the last time. I have announced that I will take measures and now I plan to use firm language as a final warning and threaten legal action. Can I find something about this in the law book before I have a counter expertise carried out?

Lawyer

If one of the parties fails to comply with the agreement and this can be attributed to him (i.e.: it is his fault or it is at his risk), there is a breach of contract, or a defect in the performance. This may mean that the debtor does not perform at all. It is also possible that performance is not performed on time or there may be a case of improper performance. If performance is not (adequately) performed, the creditor's claim becomes due and payable. The party in breach of contract must then be informed that it has not performed or has not performed adequately. This is done by means of a notice of default. This is a written reminder in which the debtor is given a final chance to meet its obligations and to rectify the breach of contract. The reminder must contain a 'fatal term' (for example 10 days) in which the debtor can still meet its obligations. This term must in any case be reasonable; the debtor must be given a fair chance to still be able to meet its obligations. If performance is still not achieved and the breach of contract is final, the debtor is in 'default' and from that moment on the creditor can use a number of legal instruments to obtain compensation for its damages.

Lawyer

I have an additional question for you. First of all, I fully agree with the advice of my colleague above. I wonder if you have any photos of the jewelry, for example? For example, that you have worn them? Because that can also prove that you have actually had them in your possession. In addition, the insurance company or the expert they have engaged is obliged to have the Arabic note translated to find out what is stated on it and that can therefore serve as full proof.

Lawyer

I think your problem is not the counter expertise because then it would be about the amount of the damage. As I understand it, there is no discussion about that - at least at the moment. I think the discussion is now about the question whether you were the owner of the jewelry and whether that jewelry was stolen. If the OHRA does not want to pay, you can also submit this matter to the insurance ombudsman. This is a relatively cheap way to try to get your rights. If you need further help, I would be happy to assist you. I have extensive experience with insurance matters.

Questioner

This is indeed not about the amount of the damage, which was established to my satisfaction by the expert based on the valuation reports. The problem is making it plausible that the jewelry was actually mine and purchased by me. I quote the case manager; '... I can also have the neighbor's jewelry appraised and report it as stolen...'. I was able to find a copy of an invoice for half of the jewelry and the jeweler where I purchased the jewelry is prepared to issue a statement with a signature and company stamp. Furthermore, there are enough people who want to draw up a written statement that I had the jewelry in my possession and could actually see that it was in the safe. Now my question is, can I reject the insurance company's defense on a legal level?

Lawyer

The answer to your question is YES! (Incidentally, I can show cash receipts of purchased jewelry, but that does not prove possession either). The theft and possession must be made plausible. For this, statements from competent witnesses are sufficient. I do not understand your hesitation to engage your own expert, despite the fact that there is no discussion about the amount of damage. This may be due to the misunderstanding that exists in large circles of society - see also the comment by friend Robert Martens above) A counter-expert - paid by OHRA - does more than add up amounts, count jewelry or even close discussions about the amount of damage. He also determines the cause and circumstances. The suggestion to involve the Insurance Ombudsman is simply ill-considered. This Ombudsman will not interfere in such a rejection. After all, a rejection on the grounds given does not harm the good name of the insurance company. And that is the only perspective the Ombudsman adopts, he is not concerned with 'reasonableness' or 'plausibility'.

Questioner

The doubt about hiring an expert has to do with the financial picture. When I hear all the messages it seems that it will cost me a lot of money just to know whether I am in the right or not. In addition, there will probably be legal costs etc. etc.

Lawyer

Again, there is no discussion now about the amount of damage, but about the question of whether it can be proven that you were the owner of the jewelry and that the jewelry was stolen.