Without looking at the terms and conditions of your insurance policy it is difficult to say just where you stand. Have you read the whole policy to see just what it actually says about losses that cannot be replaced, like for like when they are obsolete? Does it then indicate that an equivalent (as near as possible) may be the basis upon which your claim is settled?
So, just talking insurance generalities, you are insured for what you have lost. You have not lost the cushions that were not taken/damaged so there is no loss suffered so the insurance company will have no liability towards you. That would be their argument and a very sound one it would be.
Your argument may be different. What you lost in the theft was a set of matching cushion covers and to replace some with one kind of cover would still leave you with that loss of a matching set.
As for the cushions that were taken. Just what do they mean by “obsolete”? Ask them. Three points to consider
- The peculiar design and fitting of the cushions and design of the covers may be obsolete.
- You can get cushions for caravans so cushions are not obsolete. You can get covers for cushions so covers are not obsolete.
- An insurance company will not pay for upgrades, unless you are on new for old insurance, but, generally, there is nothing in any insurance policy which says that they don't have to pay for a stolen item when it is a necessary item. Cushions and their covers are necessary.
So, when they say that they don’t “pay the replacement cost for obsolete items but to be helpful just see what it costs to replace and we will think about it”, they may be just being a tad misleading. Policies usually meet the cost of “Like Kind and Quality.” Check your policy. If the meaning in your insurance policy in these respects is unclear then a court normally gives the insured the benefit of any doubt.
Now just was does “Obsolete” mean? Generally that it is no longer in use (unless your policy has a different definition). Err, cushions and covers are still in use and clearly you can get some made up. The design of your cushions may be obsolete, but not cushions/covers per se. That is why I suggest that you ask them just what they mean by obsolete. What is obsolete? Are you insured for loss of tangible commodities like cushions and covers or for designs? Ask them that question!!!
Your insurers should put you into the position you were in before the theft and not left with that theft. So, subject to what your policy says, you should be able to get the cushions and covers paid for. Just how much they pay is another issue.
As for the covers for the cushions that were not stolen, the argument above (loss of a set of matching cushion covers) is a bit of a long shot and is dependent upon what your policy says.
However, look at it this way. We have just had an insurance claim, part of which related to a small piece of damage to the hall wall. About one square foot. I argued that we needed to wallpaper the damage once repaired and that would leave the rest of the hall, staircase and landing with different wallpaper. They agreed to pay for the whole wallpapering of quite a large area for one square foot of damage. Now, my household insurance policy may be different to your caravan policy, but the principle is the same. Just another argument to run with them.
Hope this assists
Phil
------------- If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
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