PN
Polycarp N

1 reviews | Active since Sept 2022

27 Mar 2023, 16:54

Gaurdrisk insurance claim rejection

In November 2022 I logged a claim with MTN for a ******/lost phone i have on contract with MTN. After submitting all relevant documents in respect to the claim. My claim was rejected because my contracted sim card was not used on that specific horrifying day of the *******.

The device was purchased for business use which sim in contracted with FNB connect merely for business given the nature of business and calls I make per day.

I disputed the rejected and my dispute was subsequently rejected as well, still sighting the fact that I was not using the contracted sim,

I have never claim for any cellphone insurance before or ever been rejected for a small claim before.

I have indicated my intention to take this matter for further review with the high Court. However I belive the insurance company's further review may arrive at a different conclusion favorable

0
Replies (5)
Guardrisk Insurance
Guardrisk Insurance's reply27 Mar 2023, 18:44
Official
Dear Polycarp Nkuna,

Thank you for raising your concerns with us.

We are currently investigating your complaint and we will be in contact shortly to assist further. 

Yours Sincerely,
The Guardrisk Team 
PN
Polycarp N's update28 Mar 2023, 16:01
Reviewer Update
I am still waiting for a response as far as my complaint and dissatisfaction is concerned. Its very strange to note the following:

As we've already prepared to file our complaint with the high Court to seek alternative remedial recourse. I had given your office enough and reasonable opportunity to remedy the situation.

Mr. Nkuna
Guardrisk Insurance
Guardrisk Insurance's reply29 Mar 2023, 13:17
Official
Dear Polycarp Nkuna,

Kindly note, I have escalated the matter through to the relevant department who will be in contact with you.

Should you have any concerns, please feel free to send us an email to ***

Yours Sincerely,
The Guardrisk Team  
PN
Polycarp N's update30 Mar 2023, 10:56
Reviewer Update
Good day
We refer to the above matter and acknowledge having received a further complaint through the HelloPeter website, we wish to respond as follows:
· At the outset we wish to confirm that policy information was sent to you on 19/09/2022 through email. Confirmation of same is attached herewith for ease of reference. Guardrisk as the insurer has thus fulfilled their obligation by ensuring that you are furnished with policy information and the onus to fami****ize yourself with the terms and conditions therein lies with you as the insured.
· As previously indicated in our first response, usage is a condition of cover, the policy requires that the device is used with the registered sim card / cellphone number at all time. Failure to adhere to this requirement results in the repudiation of the claim as the policy would not respond where there was non-compliance to the terms and conditions.
· The complete policy schedule was sent to you at inception of the policy, and upon receipt of same, the policy allows 30 days from the date of commencement for you to review your policy in order to ensure that it meets your specific needs and expectations. You are also allowed to cancel your policy within 30 days of receiving your policy schedule, it is therefore our view that if you had gone through your policy and were unhappy with the usage clause or any other exclusion on the policy, you had the opportunity to cancel the policy as it wouldn’t have been suitable for your needs or what you require in a cellphone insurance policy.
The policy is a legal document and upon entering into this agreement, there is a requirement that you adhere to the policy terms and conditions, failure to adhere to same results in the repudiation of the claim as you would be in breach of the policy terms.
Claims can only be assessed in accordance with the requirements of the policy, and in the event that the insured submits a claim against this policy, then there must be compliance with the terms and conditions of this policy.
It is regrettable that the outcome of the claim is not more favorable. We are however of the view that the policy terms and conditions were correctly app**** and that you were treated fairly.
If you remain dissatisfied with the outcome of your representations made to us or of our internal complaints process, you have the right to lodge a complaint with the Short Term Insurance Ombudsman (OSTI), whose contact details are as follows:
PN
Polycarp N's update30 Mar 2023, 10:58
Reviewer Update
It its there for on the basis of the reasoning behind the declined claim that I will take the matter to court for further review. We have noted further that this notion of declined policy claims on basis is sim card usage has been q trend amongst contract customers.

For Academic purposes, this matter will be logged to seek alternative relief with the courts.