# CL-C-05: My insurer says stolen items aren't covered because of where they were kept. How can I check that decision? Collected 11 October 2026 [Home and contents insurance study](https://nzbrands.ai/research/insurance/home-contents-insurance) ## ChatGPT Answer ID: 4354ae6e-31eb-4a31-acb4-f982e2c416a7 In New Zealand, you can challenge an insurer’s decision to decline a theft claim because of where the stolen items were kept. The key is to check the exact policy wording, the circumstances of the theft, and whether the insurer has correctly applied the exclusion or security condition it relies on. A decline does not automatically mean the decision is correct. Here’s how to review it and what to do if you disagree. ## 1. Check exactly why the insurer declined the claim Ask your insurer to identify, in writing: - The specific policy clause or exclusion it is relying on. - The version of the policy that applied on the date of the theft. - The facts it believes establish that the exclusion applies. - Why it considers the clause applicable to each stolen item. - Whether it considered any exceptions, qualifications or other relevant policy provisions. Pay particular attention to wording about items kept in a vehicle, garage, shed, storage unit, shared area, unattended property or outside the insured home. The precise wording matters: a policy may distinguish between items kept in a locked space, items visible from outside, and items left unattended. ## 2. Compare the wording with what actually happened Make a simple record of the facts and supporting evidence. | What to check | What to look for | | --- | --- | | Policy wording | Does the exclusion expressly cover the location or circumstances involved? | | Security requirements | Were locks, alarms or other required precautions in place? | | Circumstances of theft | How were the items accessed, and was there forced entry? | | Item-specific limits | Does the clause apply to all items or only certain types of property? | | Insurer's reasoning | Has the insurer addressed the actual circumstances, rather than simply the location? | Keep your policy documents, claim form, decline letter, photographs, police report, receipts, messages and any evidence about locks or security. ## 3. Make a formal complaint to your insurer If the explanation doesn't stack up, ask for a formal review of the declined claim by someone experienced who was not involved in the original decision. New Zealand Consumer Protection specifically recommends complaining to the insurer, and says another assessor should review the claim. [Insurance](https://www.consumerprotection.govt.nz/help-product-service/managing-money/insurance)[How to Make an Insurance Complaint (NZ)](https://www.icnz.org.nz/individuals/making-a-complaint/) You can use this letter: Email Subject : Formal complaint and request to review declined theft claim Dear Claims Complaints Team, I am making a formal complaint about the decision to decline my theft claim, reference [claim number], on the grounds that the stolen items were kept in a particular location. I would like the decision to be independently reviewed within your internal complaints process. Please provide: - The exact policy wording and exclusions relied on to decline the claim. - A detailed explanation of how those provisions apply to the circumstances of the theft. - Confirmation that all relevant facts, evidence and applicable policy provisions have been considered. - A review by an experienced person who was not involved in the original decision. I believe the decision warrants further consideration because [briefly explain why you disagree, including the circumstances in which the items were stored and any relevant security measures]. Please reconsider the decision and confirm your findings and reasons in writing. If you maintain the decline, please explain how I can refer the matter to your external dispute resolution scheme. Kind regards, [Your name] Under the Insurance Council of New Zealand's Fair Insurance Code, participating insurers commit to acknowledging formal complaints within five business days and providing a response within 10 business days after receiving all the information needed to decide the complaint. If the issue remains unresolved for two months, you can generally escalate it. Check the applicable process and deadlines with your insurer. [How to Make an Insurance Complaint (NZ)](https://www.icnz.org.nz/individuals/making-a-complaint/)[Fair Insurance Code 2020](https://www.icnz.org.nz/wp-content/uploads/2023/01/Fair_Insurance_Code_2020.pdf) ## 4. Escalate the decision if the insurer won't change it If the insurer maintains its position, ask which independent dispute resolution scheme it belongs to and how to lodge a complaint. - [Insurance & Financial Services Ombudsman (IFSO)](https://www.ifso.nz/) — an independent, free service that handles eligible insurance disputes. - [New Zealand Government: Complaining about a financial service provider](https://www.govt.nz/browse/consumer-rights-and-credit-record/how-to-complain/complain-about-your-financial-service-provider/) — explains the complaints process and how to identify the right dispute resolution scheme. You will usually need to complete the insurer's internal complaints process first, or reach the applicable deadlock point, before escalating. The relevant scheme can explain its eligibility rules, time limits and available remedies. [Resolving disputes and claims](https://www.nzcrs.govt.nz/our-services/resolving-disputes-and-claims/)[Complain about your financial services provider](https://www.govt.nz/browse/consumer-rights-and-credit-record/how-to-complain/complain-about-your-financial-services-provider/)[Making a complaint about your financial service provider](https://www.consumerprotection.govt.nz/help-product-service/managing-money/how-to-complain-about-your-financial-service-provider) An external scheme may be able to investigate whether the policy was correctly applied and, where appropriate, require the insurer to reconsider or change its decision. ## 5. Let's look at your specific situation The most useful next step is to establish exactly what the insurer means by where the items were kept. Different exclusions can produce very different outcomes. Tell me a few details about the claim. With those details, I can help you identify which policy provisions to scrutinise, what evidence might strengthen your case, and how best to challenge the insurer's reasoning under New Zealand's complaints process. ## Gemini Answer ID: 3ab4007c-28b6-4fe3-b385-f717f5d989a5 If your insurer has declined a claim because of where the items were kept (such as exclusions around storage sheds, vehicles, outbuildings, or specific locations not covered by your policy wording), you have the right to challenge that decision. A structured approach can help you review and contest their reasoning: ### 1. Request the Exact Policy Clauses in Writing * **Ask for the specifics:** Contact your insurer and ask them to provide their decision **in writing**, explicitly stating the exact wording, section, and clause numbers from your policy document that they are relying on to decline the claim. * **Review your policy schedule:** Look closely at your policy wording, certificate of insurance, and any definitions pages. Pay attention to how terms like "home," "outbuildings," "unattended vehicle," or "specified limits" are defined. Sometimes, interpretations differ on what constitutes a "secured structure" or temporary storage. ### 2. Gather Context and Evidence * **Clarify the circumstances:** Were the items moved there temporarily? Were they locked away securely, or was there forced entry? Compile any evidence (photos, text messages, receipts, or installation details of locks/security) that counters any assumption that you failed to take "reasonable care". * **Check for ambiguity:** Under New Zealand insurance contract law and principles enforced by dispute schemes, if a policy clause is ambiguous or open to more than one reasonable interpretation, it is often interpreted in favor of the policyholder. ### 3. Escalate to Internal Dispute Resolution (IDR) * If your initial discussion doesn't change their mind, formally invoke the insurer's **Internal Dispute Resolution process**. * Send a formal email or letter stating that you wish to make a formal complaint. Outline clearly why you disagree with their reading of the policy terms, attach your supporting evidence, and state the outcome you are seeking. By law, New Zealand insurers must have an active IDR process. ### 4. Take it to an External Dispute Resolution Scheme (EDR) If the insurer upholds their decision through their internal process, you do not have to accept it. You can take your dispute to an independent, **free** external ombudsman service. Check which scheme your insurer belongs to: * **The Insurance & Financial Services Ombudsman (IFSO) Scheme** * **Financial Services Complaints Limited (FSCL)** *Note: These services are free for consumers, completely independent from the insurance companies, and their final determinations are binding on the insurer (up to $500,000 plus GST for IFSO).* ## AI Overviews Answer ID: 92182e8c-dc65-43f7-b22b-3b8cd4dcf027 To check and challenge your insurer’s decision, you should **request a formal "internal dispute resolution" review from your insurer first, and if that fails, escalate the case to an independent dispute scheme like the[Insurance & Financial Services Ombudsman Scheme (IFSO)](https://www.ifso.nz/) or Financial Services Complaints Ltd (FSCL)**. In New Zealand, policies have strict "reasonable care" or "unattended item" exclusions, particularly regarding items left in vehicles overnight or in public spaces. Follow these steps to systematically check and challenge their decision: 1\. Request the Exact Policy Wording Insurers cannot decline a claim based on a vague rule; they must point to a specific clause. Ask your insurer for the **Policy Wording booklet** and the specific section, condition, or exclusion they are relying on. Common exclusion clauses include: * **Leaving items unattended:** Items left in a public place, communal area, or an unlocked space. * **Vehicles overnight:** Many policies explicitly exclude high-value items (like jewelry or electronics) if left in a vehicle overnight, even if the car was locked. * **Reasonable care:** A broad requirement that you must take standard precautions to prevent loss or theft. 2\. Gather Evidence of "Reasonable Care" If the policy wording requires you to take "reasonable steps" to secure your items, you can challenge their decision if you can prove you took logical precautions. Gather: * **Photos or police reports** showing forced entry (e.g., a smashed car window or a broken door lock) to prove the items were not left completely vulnerable. * **Proof of concealment:** If the items were hidden out of sight (e.g., locked securely inside a vehicle's boot or glove box), note this, as some policies allow cover if items were fully concealed from view. 3\. File a Formal Internal Complaint If you believe they are misinterpreting the facts or applying the exclusion too harshly, you must go through your insurer's internal complaints process first. * Write an email to their complaints team outlining a clear timeline. * Explain how your actions met the "reasonable care" threshold given the specific environment. * Ask them to issue a **"Deadlock Letter"** if they refuse to change their mind. This letter officially states that you have reached the end of their internal process and permits you to take the case further. 4\. Escalate to an External Disputes Scheme If your insurer maintains their decision and issues a deadlock letter, you can access an independent external dispute scheme for free. New Zealand insurers must belong to one of the following two schemes: * **Insurance & Financial Services Ombudsman (IFSO):** Most major New Zealand insurers belong to IFSO. They investigate whether the insurer applied the policy wording fairly to your specific situation. * **[Financial Services Complaints Ltd (FSCL)](https://www.fscl.org.nz/) :** Some insurers or brokers use FSCL instead. Check your insurer's website or disclosure statement to see which scheme they belong to, then submit a complaint online with your timeline and evidence. * * * To help draft a response or review the policy, could you share: * What **specific location** were the items stolen from? (e.g., inside a locked car, a hotel room, a backpack left on a seat?) * Did the theft involve **forced entry**? * What **type of policy** is this? (e.g., contents insurance, travel insurance?) ## Google AI Mode Answer ID: a25f4f32-c8e5-4696-b848-b159830b22e0 If your insurer has declined a claim because of where an item was kept, you have the right to challenge or check that decision. In _New Zealand_ , insurance companies must ground their decisions strictly in the wording of your policy contract and relevant disclosures. To systematically review and challenge their decision, follow these steps: 1. Request the specific policy clause Ask your insurer to provide the exact clause, page number, and wording in your policy document or schedule that outlines storage or location restrictions for that type of item. 2. Review your policy wording and schedule Check the definitions and exclusions sections of your policy wording. Look closely at whether the restriction applies unconditionally, or if it depends on specific circumstances (such as whether the location was considered secure, or if temporary removal clauses apply). 3. Ask for an internal review (dispute process) If you disagree with their interpretation, file a formal complaint with the insurer’s internal dispute resolution (IDR) department. Insurers are required by New Zealand regulatory standards to have a formal internal complaints process. Explain why you believe the exclusion does not apply or was not adequately disclosed or explained to you when you bought the policy. 4. Escalate to an external dispute resolution scheme If your insurer maintains their decision or does not resolve your complaint within two months (reaching a deadlock), you can take your case to an independent, free financial ombudsman scheme. Depending on which scheme your insurer belongs to, this will be either: * * The Insurance & Financial Services Ombudsman (IFSO) Scheme * [Financial Services Complaints Limited (FSCL)](https://fscl.org.nz/) * Financial Dispute Resolution Service (FDRS) Make a complaint | Financial Services Complaints Ltd * If you'd like to share: * What **type of item** it was (e.g., tools, jewelry, electronics) * Where it was **specifically kept** (e.g., shed, vehicle, unsealed garage) I can help you look at common policy interpretations for those specific situations.