I would really appreciate the advice of someone both experienced and qualified to a high standard in English language.
I made a recent insurance claim but the Insurance Company concerned have turned down the claim, having checked the associated terms and conditions.
The Loss Adjuster representing the Insurance Company has quoted a section of the T&Cs in an attempt to avoid paying out on the claim.
However, I think that an error in punctuation has been made, which may mean that my claim is still valid.
Basically, I am claiming for an engagement ring handed back to me by my wife after having separated. The ring was handed to me during a heated argument. I placed the piece of jewellery into the pocket of my jogging pants. However, I forgot about the ring during the continuing argument. Unfortunately, I discovered later that day that the ring must have fallen out of my shallow pocket and was lost.
The Loss Adjuster has quoted the below section from the Insurance Company's T&Cs, advising that I cannot claim for the loss of the ring as the item is not normally worn or carried with me:
"Personal Belongings
Luggage, clothing, jewellery, watches, furs, binoculars, sport, musical and photographic equipment and other items which you normally wear, or carry with you. All items must belong to you or be your legal responsibility."
However, I am disputing the above for the following reason....
The first sentence consists of a list of items which qualify for personal belongings cover. This list is formed using a series of commas. The end of that sentence notes the following:
"items which you normally wear, or carry with you."
The Loss Adjuster advised that the item is not normally worn or carried by me. I argued that the inclusion of the comma, in the context of this sentence, served to separate the two elements to which the Loss Adjuster was referring, ie. items which you would normally wear (comma) or carry with you. My argument was that I was carrying the ring with me and therefore I am covered by "or carry with you." The Loss Adjuster says otherwise as I wouldn't "normally" carry it with me.
The whole argument hinges on whether the word "normally" is automatically carried forward and overrides the inclusion of a comma, which I think serves to separate out and itemise different elements of a sentence.
Your input into this debate is much appreciated.
Best regards,
Dave
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