Reasonable care clash QUESTION

I have had a motor vehicle claim declined due to the driver breaching the reasonable care condition of the policy.

The policy states -

2.4

Reasonable care

The Insured must take all reasonable steps to protect the insured vehicle from loss and to avoid liability

The circumstances of the claim are that the driver dropped his cellphone into the passenger footwell, he

CROSSLEY GATES

These policies are designed to insure negligent driving short of recklessness. A one-off transgression, even when it is a breach of the

Think of person who fails to give way at a give way sign and collides with a car legally passing by. This attempted to retrieve it and in doing so drove off the road. is a traffic offence but this does not give the insurer the right to decline the claim. The driver was simply negligent - nothing more.

The insurer has therefore declined the claim by applying the reasonable care condition above.

I understand that using a cellphone whilst driving is breaking the law, would the insurer stance be the same if the driver had been reaching for something else?

Do you think this is a reasonable and fair application of the policy condition?

Are there any legal cases to challenge the insurer's decision?

Assuming this is the first claim under these circumstances, it is unlikely to breach the reasonable care condition because it is just negligent, not reckless.

Do you have a question for our experts?