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Insurance Law and the Financial Ombudsman Service

9

EXCLUSION FOR KEYS LEFT IN VEHICLE/UNATTENDED VEHICLE

COMPLIANCE WITH A SALES/MARKETING CODE

9.1 The FOS regards an exclusion for theft if the keys have been left in or near the vehicle and/or it has been left unattended as a major restriction, which must be drawn to the proposer’s attention before inception or it will not be applied. The FOS experience is that this exclusion is a shock to most insureds even though it is included in almost every motor policy. It says that most consumers realise that they should not leave their keys in the car, but do not realise that they will lose their theft cover if they do. The FOS wants these restrictions highlighted on the policy certificate, (which insureds have to possess by law), and on the policy schedule or summary, (which document insureds are more likely to read than the policy). It considers this to be good industry practice. The comments above at paragraphs 5.27 et seq in relation to breaches of sales code apply equally here. The latest FOS Technical Note on the subject1 summarises the current FOS position and explains:

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