The purpose of this section is to highlight the types of insurance that are available and how particular types of insurance policies may help to mitigate future risks that you face as a consumer.
A home owners insurance policy is intended to cover the cost of rebuilding your home if it is damaged or destroyed. If you are considering obtaining a home owners insurance policy Consumer Affairs advises that you ensure that the policy covers the full cost of rebuilding your house.
The coverage of your home owners insurance policy should consider the fair market value of your home and the expected cost of repairs in the event your property is damaged (i.e. demolition, site clearance, water pipes, electrical cable, drains and architect fees). Garages, sheds and fences (i.e. permanent fixtures on your property) may also be covered under a home owner insurance policy.
To ensure that your home owners insurance policy covers the full cost of rebuilding your home, Consumer Affairs advises that you provide your insurance provider with an up-to-date property valuation of your home every two years. If your insurer disagrees with the insurable value of your home, it is recommended that you obtain a second independent property valuation and submit the second property valuation to your insurer for review.
Home owners insurance is often a condition of your mortgage, and the level of coverage must be high enough to at least cover the remainder of your outstanding mortgage. Typically, mortgage lenders afford their borrowers the opportunity to shop around and choose amongst a list of insurance providers approved by the lender. However, as you shop around it is important that you remain mindful of the fact that your mortgage lender can reject your choice of insurer if your prospective insurer is not approved. Failure to obtain insurance from a lender approved insurer may consequently compromise your ability to borrower from the lender.
If you sell a house you will likely be held responsible for taking care of the home until after the sale is completed; particularly in the event you have an outstanding mortgage over the property. Consumer Affairs advises that you keep your home owners insurance policy active until the sale of your home is completed.
If your mortgage lender obtains possession of your home due to continuous non-payment of your monthly mortgage repayments, Consumer Affairs advises that you inform your insurer that you are no longer living at your home and that you will need to have your home insurance policy remain in effect until the sale is completed. If you fail to inform your insurer of your lender repossessing your home this will likely amount to a breach of coverage and render your home uninsured.
Even if don’t have a residential mortgage (i.e. you have paid your residential mortgage in full) it is important to consider maintaining an active home owners insurance policy. Although your house may presently be in good condition, it is important to consider whether you would be able to afford to undertake home restorations if your house were to be unexpectedly damaged or destroyed.
If you are a tenant (i.e. you rent your home) there is arguably some value in obtaining a home owner’s insurance policy even though you do not own the home you reside in. If you are a tenant it is possible that your landlord may hold you personally responsible if any damage caused to the property is your fault. Furthermore, if you rent a high value property possession of a home owner’s insurance policy may be justifiable given the likely high costs of repairs.
If you are considering obtaining home owners Insurance, or already have a home owners insurance policy, it is advised that you periodically review and confirm the full scope of insurance coverage provided. Typically, a home owners insurance policy will cover loss or damage caused by:
Consumer Affairs cannot understate the value in confirming the level of coverage provided by your home owners insurance policy and that you obtain an insurance policy which covers the full costs associated with having to completely rebuild your home.
After reviewing the scope of coverage of your current or prospective home owners insurance policy, it may be worthwhile to consider taking out an additional home owner’s insurance policy to specifically account for additional risks that are not covered. An additional home owner’s insurance policy may be obtained to cover additional risks such as:
In addition to obtaining a home owners insurance policy (see above), Consumer Affairs advises consumers to consider whether an insurance policy which covers the replacement of their home contents is appropriate.
If you own a number of high value goods a home contents insurance policy would provide a form of financial security in the event that your possessions in your home are lost, stolen or destroyed. A home content insurance policy may also protect your personal possessions if you take registered items out of the home (e.g. personal laptop suffers water damage while on vacation).
Although home contents insurance is not mandatory, given the costs associated with replacing high value items (i.e. jewelry, electronics, antiques, collector’s items etc.) it may be worthwhile for you to consider whether the costs associated with obtaining a home contents insurance policy (i.e. the annually paid insurance premium) outweighs the added financial security provided.
A standard home contents insurance policy typically covers damage to your home contents which has been caused by fire, flooding, storms and theft. However, it is important to note that if you obtain a home contents insurance policy you may have to pay extra to cover accidental loss or damage to your possessions. Insurance coverage for accidental loss or damage may be worth considering if you have children or pets.
Consumer Affairs advises that you review the terms and conditions of your home contents insurance policy to confirm which items are covered under the policy, the extent of coverage provided and whether there are any limits on a claim for a single item.
Most home contents insurance policies carry an excess clause. If an excess clause exists in your home contents insurance policy this means that you won't be covered for the first few dollars of a claim (e.g. in order to claim on your policy the damages must be in excess of $1,000.00).
Most home contents insurance policies offer new for old coverage (e.g. you get the full replacement cost of items that are lost, stolen or damaged). However, it is important to note that some home contents policies will only offer the amount that the covered home contents are currently worth.
Appreciating the nuisances associated with the level of coverage provided by home contents insurance, Consumer Affairs advises that you review the terms and conditions of your home contents insurance policy before you obtain the insurance policy, and during its effective period once it has been obtained.
If you are a tenant of a rented residential property Consumer Affairs advises that you review the terms and conditions of your tenancy agreement and confirm whether you are responsible for insuring any contents belonging to your landlord. If you rent an item from your landlord (e.g. a television, furniture) you may be liable for insuring these assets owned by your landlord and/or cover the costs of repairs if the items are damaged during your tenancy period.
If you are of the view that a home contents insurance policy is appropriate for you, Consumer Affairs advises that you confirm how much insurance coverage you will need before taking out a policy. Many people make the mistake of under insuring their home contents as a result of failing to consider all of their valuable items and how much it would cost to repair and/or replace them.
When calculating the cost of repairing and/or replacing the items you wish to have covered under your home contents insurance policy, Consumer Affairs recommends that you generate a list of all items in your home that would be costly to replace. In support of your calculation Consumer Affairs advises that you get several quotes estimating the cost to replace each item.
Once you have assessed the value of replacing and/or repairing your home contents, you will need to consider the following when reviewing insurance policies from insurers:
When submitting your application for home contents insurance it is advised that you provide your insurer with as much information and supporting documentation as you can. The information and supporting documentation provided will influence their decision to insure you, the level of coverage to be provided and the annual premium that will be applied.
If you fail to provide adequate and up-to-date information in support of your home contents insurance policy application, it is likely that you may experience the following issues:
Travel insurance can give you extra protection if your holiday does not go as planned. Although such form of insurance may be considered a luxury, or an unnecessary expense, Consumer Affairs advises that you consider the value in obtaining such financial security before you travel abroad.
Understanding the stress and anxiety that will likely be experienced should issues arise while travelling (i.e. medical emergency, flight cancellations), a travel insurance policy will help to alleviate such stress and ensure that you have access to the care that you need.
If you are considering travelling independently (i.e. alone or meeting friends and family at your desired destination) it is especially important to note the security that travel insurance will provide should things go wrong. While travelling alone you may experience circumstances where you find yourself stranded with no way to get home and with no-one to help.
Travel insurance can protect you against the following events:
If you are considering obtaining travel insurance, Consumer Affairs advises that you review the terms and conditions of your prospective insurance policy and ensure that the policy covers the following:
How much you pay for your travel insurance will depend on the amount of coverage you are seeking to obtain. Although you may wish to obtain minimal travel insurance coverage in order to save money, Consumer Affairs cannot understate the risk that you may face as a result of being under-insured (e.g. limited access to specific forms of medical care).
When seeking to obtain travel insurance, Consumer Affairs advises consumers to shop around and compare the level of coverage each insurance provider offers and at what price. Be mindful that the cheapest travel insurance policy may not offer best value for money. If you have particular needs (i.e. required access to prescription medication), it may be better to find an insurer that offers specialist cover.
In addition to obtaining travel insurance you may want to consider insurance coverage for any household items you may be taking with you on your travels (i.e. laptops, watches). If you possess home contents insurance Consumer Affairs advises that you review the terms and conditions of the policy prior to departure. Some home contents insurance policies cover the cost of repair and/or replacement for household items that you may be travelling with.
With regards to motor vehicles (i.e. motor bikes, cars, boats) there are three main types of motor vehicle insurance typically made available by insurance providers:
1. Third Party Insurance: This is the minimum legal requirement and covers you for damage to someone else's vehicle or property or personal injury to someone else involved in an accident that you may be responsible for causing. This includes accidents caused by your passenger. It doesn't cover repairs to your own vehicle;
2. Third Party, Fire and Theft Insurance: Much like standard third party insurance, this form of third-party insurance also covers damage or loss to your own car by fire or theft; and
3. Fully Comprehensive Insurance: This includes third party, fire and theft and repairs to your own motor vehicle. Your policy may also cover: (i) death or injury of yourself or a family member, up to a set amount; (ii) cover for belongings stolen from your car; (iii) cover for medical or legal expenses; and (iv) hiring a replacement vehicle.
In Bermuda it is legally mandated that all licensed motor vehicles used on Bermuda’s public roads must have at least third-party motor insurance. The Bermuda Police Service, as part of a road side inspection, can check if your motor vehicle is insured using the Bermuda Transportation Control Department motor vehicle registration database.
If it is confirmed that your motor vehicle is not insured, the Bermuda Police Service has the legal authority to seize the motor vehicle immediately and subject you to court proceedings where you may be subjected to a financial penalty.
If your motor vehicle is seized and you wish to collect your motor vehicle from the Bermuda Police Service, you will have to produce a copy of an effective/ valid certificate of insurance and pay any related impound fees. If you do not retrieve your motor vehicle from the Bermuda Police service within a reasonable period of time following seizure (i.e. 30 days), your motor vehicle may be disposed of (i.e. destroyed or sold at auction).
If you need to make an insurance claim Consumer Affairs advises that you contact your insurance provider as soon as possible and ask them to send you a claim form. It is advised that you carefully complete the claim form, and that when you submit the claim form you produce a copy for yourself.
Before submitting an insurance claim it is recommended that you review the terms and conditions of your insurance policy and consider the following criteria:
It is important not to exaggerate your claim since this could lead to the entirety of your claim being rejected and you being subjected to an insurance fraud investigation. Given the risk associated with submitting a fraudulent insurance claim, when you submit your claim it is advised that you include copies of all paperwork that will support your claim (i.e. police reports, receipts to cover payment of repairs, medical certificates, etc.).
Consumer Affairs recommends consumers to ensure that all original copies of the supporting documentation provided in support of their insurance claim are kept in a safe and secure location in the event that their insurance claim is queried or refused.
Prior to submitting a claim it is important to consider whether you need to submit an insurance claim and whether the amount claimed justifies the likely increased annual insurance premium you will subsequently have to pay in order for the insurance policy to remain in effect; in other words conduct a “cost benefit analysis”.
If the amount of your claim is small you may not want to make a claim because if you do so your future insure premiums may increase by an amount that is more than the amount you have claimed. When submitting a claim Consumer Affairs advises consumers to request their insurers to provide an estimate as how much their annual insurance premium will increase as a result of submitting a claim. Understanding the long-term financial impact of submitting a claim will help ensure that you make an informed decision as to whether or not an insurance claim is justifiable.
With regards to personal injury claims it is often a good idea to make an insurance claim. Personal injuries can be expensive and often require immediate attention. Failure to provide immediate medical attention will often result in long-term health problems if not immediately addressed by a health care professional.
If following a cost benefit analysis you determine that it is not worthwhile to submit an insurance claim, Consumer Affairs advises that you inform your insurer about the event that may have occurred as it may impact future claims (e.g. minimal damage caused to your car due to an accident doesn’t result in high costs and repairs are facilitated through personal savings).
If you do not report an event this may hinder your ability to rely on your insurance policy at a later date. Failure to report an event covered by any one of your insurance policies (i.e. home insurance, home contents insurance, motor vehicle insurance, etc.) may result in you being:
Consumer Affairs advises that you review the terms and conditions of your insurance policy and confirm how failing to report an event may affect you and the effectiveness of your insurance policy.
If it is brought to your attention that someone is making a claim against you (i.e. damage to a motor vehicle and personal injuries sustained as a result of a motor vehicle accident that you were responsible for) Consumer Affairs advises that you contact your insurer as soon as possible and send your insurer any paperwork you receive from the claimant. Upon discovering that someone is making a claim against you it is important that you do not admit to fault/responsibility without first talking to your insurer.
Depending on the severity of the incident, and whether there are issues concerning liability (i.e. who is responsible for damages caused), Consumer Affairs advises consumers to consider obtaining legal counsel for guidance. Failing to obtain proper counsel from your insurer and/or legal advisor may result in you falsely admitting to liability. Falsely admitting to liability will ensure that claimant will have an effective claim against your insurance policy and will result in your insurance premiums increasing.
If you are injured and/or your personal possessions are damaged due to the actions of someone else (e.g. damages incurred as a result of being in a multiple motor vehicle accident) you may be approached directly by the other person's insurer to try and settle the claim with them directly. This is often called third party capture, third party assistance or third-party settlements.
Insurers are legally allowed to make settlement offers to individuals that have experienced harm and damages due to the actions of their insured clients. However, it is important to know that you do not have to settle your claim in this matter and that you must remain mindful of the fact that the other person's insurer won't be acting in your best interests.
In some instances it may be worthwhile to consider obtaining your own lawyer to discuss the merits of pursuing legal proceedings against the person(s) that caused the harm in order to ensure that you obtain the full amount of compensation you may be entitled to.
Before you consider accepting a third-party settlement offer, Consumer Affairs advises that you contemplate the following:
If your insurance provider is unjustly disallowing the submission of an insurance claim, or if you are facing unfair pressure from someone else’s insurer to enter into a third-party settlement, you can file a formal complaint with the respective insurer. If after filing the complaint with the insurer you are left dissatisfied with the outcome, you may file a formal complaint against the insurer by submitting a formal complaint with the Bermuda Monetary Authority.
When you try to make a claim on your insurance policy you may find that your insurer refuses the entirety of your claim or does not pay out the full amount you are asking for. Your insurer may refuse to pay your claim on the grounds that:
Your insurer must give you a reason for refusing to pay your claim; whether partially or in full. Upon receipt of your insurer’s refusal it is advised that you review the terms and conditions of your insurance policy carefully to make sure that their decision is reasonable.
It is important to note that sometimes a claim will not be covered by your policy. This is called an uninsured loss (e.g. your home contents insurance policy may not cover the cost of replacing your spoiled refrigerator and freezer contents following a power outage).
If your insurance policy includes an excess clause, this is also considered a type of uninsured loss. An excess is the fixed amount of any claim that the insurer will not provide coverage for (e.g. the first x amount of a claim must be paid for you by yourself).
In some circumstances your insurer may agree to pay some of your claim, but not the full amount. This may be because:
If you think your insurer is being unreasonable in refusing the whole or part of your claim, you can try to negotiate with them. As part of your negotiations it is recommended that you provide the insurer with supporting documentation and evidence verifying that their refusal is unreasonable.
If you are not satisfied with the way your claim has been dealt with you can make a complaint using the insurer’s formal complaint handling process (i.e. complete and submit either a physical or electronic complaints form). If you are still unsatisfied with the insurer’s response to your claim, Consumer Affairs advises that you submit a formal complaint against the insurer by submitting a formal complaint with the Bermuda Monetary Authority.
When a consumer seeks to obtain an insurance policy they will usually have to complete an application form (i.e. also known as a proposal form). An application form may include a clause which allows the insurer to check with other insurers in order to establish your historical record of insurance claims and underlying risk. If such a clause does exist in the application form, you are unlikely to get insurance coverage if you refuse to accept such a background check being performed.
Consumer Affairs cannot overstate how important it is for you to answer the questions outlined in the application form truthfully and review all of the information in your proposal form very carefully before you sign and submit. This is especially important if a broker or agent has completed the application form on your behalf, or you acquired the insurance over the phone or online.
It is very important to ensure that the information provided in the application form is accurate and truthful as your insurer may choose to either reject your insurance application or refuse to pay out on a future claim if it is later discovered that you withheld or falsified information in order to have your proposal form approved.
If you have an insurance claim refused because you unknowingly failed to disclose a material fact, you can complain to your insurer on the basis that you did not and could not have reasonably known that the fact omitted was material. If you can prove that you took all reasonable care when completing the proposal form, and disclosed all known information at the time in which you submitted the proposal form, you may be able to compel the insurance provider to put you in the same position as an identical customer who had accurately disclosed such information.
An example of not taking reasonable care is if you accidentally left out some crucial information or ticked the wrong box by mistake. If your application for a policy would have been approved despite the missing information, your claim might still be paid. If your policy is cancelled is it recommended that you request your insurer to return all premium payments made by you.
If you deliberately chose not to disclose a material fact, or if you made no effort at all to give the insurer accurate information, and you are granted an insurance policy, in the event you seek to make a claim it is likely that it will be refused and the policy will be cancelled. Your premiums will normally be refunded to you but may be kept if there is clear evidence of fraud.
If there is any change in your circumstances once you have obtained an insurance policy, Consumer Affairs advises that you inform your insurer immediately or as soon as reasonably possible (e.g. if you moved house or changed your car, you should inform your insurer before this occurs to ensure that you are covered by your policy at the time in which the change is scheduled to take place).
Consumer Affairs advises that you review the terms and conditions outlined in your insurance policy regularly and remain mindful of what material changes in your circumstances you will have to report to your insurer. If you fail to inform your insurer about any material changes, and you later need to submit an insurance claim, your insurer may refuse to settle it.
Insurers decide the terms and conditions on which to offer insurance coverage and whether to offer insurance coverage at all. If you apply for an insurance policy you may have a problem obtaining insurance if you have a complex medical history, are elderly, have criminal convictions or any other underlying criteria that makes extending you a line of insurance too much of risk for the insurer.
For example, you may have difficulty obtaining building insurance to cover flood damage if your property has historically experienced regular flood damage or if there is a history of flooding in your neighborhood. Alternatively, you may not be afforded health insurance depending on your lifestyle choices (e.g. you regularly take part in a dangerous sport or activity).
With respect to your unique personal risks an insurer may request more information from you than what is outlined in the insurance application form before making a decision as whether or not to insure you. After completing a risk assessment some insurers will not insure you at all because they think you are too great a risk or will impose extraordinarily high annual premiums to account for the higher risk.
If you wish to cancel an insurance policy it is advised that you review the terms and conditions of your insurance policy to confirm whether there is a cancellation clause. If there is a cancellation clause your ability to rely on such a clause may be available for a limited period of time or you may be subjected to a cancellation fee.
For example, the cancellation clause may stipulate that you may only cancel the insurance policy either before the insurance policy becomes effective or when you receive your policy documents. If you are able to cancel your insurance policy you may be entitled to a refund of any premiums you have already paid on a pro-rated basis (i.e. your insurer may take off a small amount to cover days when the policy was in force) after having considered any cancellation fees that may be imposed.
If you are thinking of cancelling your policy because you’ve found a better deal with another insurer it may be easier and cheaper to wait until your policy is up for renewal and then switch. However, it is important to note that some insurance policies are automatically renewed each year. Therefore, if you wish to switch insurance providers it is important to confirm when your policy is due for renewal so you can make sure that it is not automatically renewed.
Cancelling an automatic direct debit does not cancel your insurance policy. If your insurance policy is subject to automatic renewal and you cancel an automatic direct debt instruction with your financial service provider, you will still owe your insurer the premium. If you wish to ensure that your insurance policy does not automatically renew you must contact your insurer and communicate your desire to cancel the policy, orally and in writing. Furthermore, it is a good idea to make sure you have a new policy in place with your new insurer before cancelling your existing insurance policy with your current insurer to ensure that you are not exposed to the risk associated with being uninsured.