Burglary during the holidays: no compensation due to an Instagram post?

A holiday photo posted on the net may show the interest of the burglars in your unoccupied home.

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Show up on social media when your home has been facilitated at tâche des voleurs. Can the insurer reimburse you in this case? The answers of the specialists.

“At the risk of going for a joy discount, I must say, you become an easy projection for burglars when your home is unoccupied. If you are claiming a burglary claim, it may be a good idea for the insurer to check your social media account and that you deserve a claim. ‘ Holly Bennett is working to compare NerdWallet price. Elle is quoted by WalesOnline in an article published last Sunday. This one is about the millions of travelers who post holiday photos on Facebook and other Instagram.

The Welsh website states that an “insurer cannot refuse to indemnify you as a result of a claim, simply because you posted a photo, but he expects you to take reasonable precautions to protect your home.” This principle is called the duty of care and is clearly stated in the general conditions of insurance. In short, the insurer may consider publicly stating that one is away from home as a violation of this duty and refuses to pay all or part of the indemnity.

The position of Swiss insurers

Is such a practice possible in Switzerland, especially in the context of home insurance? We interviewed four companies whose answers are not all that categorical. La Mobilière states that “it would not reduce insurance benefits only on the basis of a job”. The same goes for the Balois side: “the duty of naked diligence does not extend to the activities of our policyholders on social media.”

Helvetia recalls a principle: policyholders “must take the measures required by the circumstances to protect the insured against the risks insured.” She says that in such a case, she would not reduce her benefits. ” He added: “No change in practice is expected immediately. But we are following the course with interest. ” This last sentence suggests that a change in practice is possible.

Finally, Generali refused to ‘rule on the matter in an abstract manner. In fact, it is only in the context of the announcement of a proven claim that we can consider the question of a possible reduction in benefits, or even a refusal due to the circumstances of the specific case. ” In other words, the insurer does not rule out that a post on social media is a breach of due diligence.

An illegal practice

For Rémy Baddour, “a procedure described in the British article would not be legally sustainable in Switzerland”. The Genevan is an insurance broker and holds a lawyer’s license. According to him, “the only question that could be asked in theory is whether publicly posting photos of his vacation could be a serious misconduct of the insured within the meaning of Article 14 para. . 2 of the Federal Insurance Contract Act giving the insurer the right to reduce his benefit. This position does not seem to me to be justifiable and remains theoretical, as the majority of insurers are reluctant to claim serious misconduct in their general insurance conditions. ” According to the specialist, it will have to be the question of the social networks that will be expressed in them. Until then, holidaymakers can continue to post selfies at the beach and pray that burglars don’t see them.

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