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Insurance Mis-selling Complaint

A completed complaint about unsuitable business interruption insurance with advice records, loss calculation and fair redress safeguards.

Jurisdiction: England and Wales - completed fictional worked example

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Important: This sample provides general legal information only and is not legal advice. Check the law, prescribed forms and signing requirements that apply to your exact jurisdiction and circumstances before use.

# INSURANCE MIS-SELLING COMPLAINT

Date: 19 September 2031

Parties: Elm Street Café Limited and Harbour Brokers LLP

## 1. Purpose and parties

Elm Street Café Limited complains to Harbour Brokers LLP about a business-interruption policy placed with Beacon Underwriters plc on 1 April 2031. Director Sofia Marin told broker Oliver Grant that the café had six employees, £420,000 annual turnover and no delivery operation, but the policy excludes interruption arising from the electrical equipment that caused its closure.

## 2. Facts, scope and terms

A fire in the café's defective refrigeration circuit on 12 June closed the premises for 37 days. Beacon declined the £28,640 claim on 8 July by relying on the electrical-equipment exclusion. Sofia says Oliver described the policy as comprehensive and did not explain the exclusion or offer a suitable alternative.

## 3. Process and responsibilities

Elm seeks the premium of £3,480, the £28,640 net trading loss supported by accounts and reasonable mitigation expenses of £4,920, subject to credit for any insurer payment. It asks Harbour to investigate whether the product, demands-and-needs assessment and disclosure were suitable rather than assuming that every excluded risk was coverable.

## 4. Evidence, records and safeguards

Evidence includes the proposal form, call recording, broker emails, policy wording, premium invoice, fire report, accountant's calculation, payroll and supplier records. Harbour must preserve advice and remuneration records, identify any commission or conflict and handle staff and customer data lawfully.

## 5. Review, escalation and outcome

Harbour should acknowledge within seven days and issue a final response under the FCA complaint rules within eight weeks. Elm will then refer to the Financial Ombudsman Service if eligible, and will provide Beacon's decision without treating the broker and insurer as the same respondent.

## 6. Reservations and practical protections

Elm has mitigated by using a temporary kitchen and accepting a reduced menu. It does not seek double recovery and will cooperate with a proportionate expert review; it reserves rights for negligent advice, Consumer Duty failings and interest where applicable.

## 7. England and Wales law and completion

This completed fictional complaint is dated 19 September 2031 and governed by England and Wales law. It is sent by secure email and recorded post, signed by Sofia, with the original policy retained at the café's registered office.

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