Claiming back building insurance excess?

Hello, I had someone break into my commercial property (let to a tenant). The Police were called as a passer-by was able to apprehend the guy and keep hold of him till they arrived (Well done that man!). The shop tenant was able to give full CCTV footage clearly showing it was the same person who was apprehended to the Police.

I made a claim for the damage to the door/glass/locks and frame. £350 excess was paid.

Despite the person now being formally charged by the Police for criminal damage and due in court shortly, my insurance company has come back to say that their agent has reviewed the situation and decided that they will not be progressing with pursuing for financial recovery. They state…

“Whilst understanding that the “criminal” should reimburse any losses incurred, resultant from their actions, from our experience of these type of incidents, a recovery is very rarely made, even if, the culprit is apprehended and convicted. This is because individuals who commit such crimes generally have very little in the way of financial assets, from which a recovery can be obtained, with the costs of pursuing a recovery far outweighing the prospects of a successful result.”

They go on to say..

“Our agents have been in contact with us following their initial review and have advised the following:

This is a felony. It doesn’t look a great background with regard to the felon – mention of drug addict.
Chance of therefore getting any money out of him I would say bordering on Nil.
I’m happy to keep pushing the Police because of their intended prosecution. However, whilst Courts do sometimes award “reparation” I don’t see them ordering the amount that you’ve paid out. In any event it could only then come from the felon.

Given the above we are inclined to agree with our agents that the prospects of making a recovery in this instance are nil. We have therefore instructed them to close their file with no further action and will proceed to do the same with our file.
Final outlay on this claim was £XXXX net of the £350 policy excess.
Whilst understanding that it is not fair that the culprit doesn’t reimburse insurer’s outlay and your policy excess, and the decision to abandon the claim “sticks in the throat” somewhat, regrettably I feel that the decision is correct given the very limited prospect of any tangible recovery being made. With the above in mind, I have now closed my file.”

I’m fuming.
Now while I get they feel the prospect of recovery is low, THEY have taken this decision – one completely out of my hands. They should and CAN progress with this (and this is what the insurance contract with me as the client is based upon) but have chosen not to.

By my reckoning therefore, the insurer should be reimbursing me the excess.

I, as the insured should not be out of pocket as a result of this claim and should certainly not be any worse off than I was before it.

Anyone else been in a similar situation?

Thank you,

DSR

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