Upheld: Home insurance claim disputes complaint against AXA Insurance Plc
Financial Ombudsman decision DRN-3361549 of 2022-03-10T00:00:00+00:00. Home insurance claim disputes complaint against AXA Insurance Plc. Outcome: Upheld.
Decision detail
| Reference | DRN-3361549 |
|---|---|
| Decision date | 2022-03-10T00:00:00+00:00 |
| Firm | AXA Insurance Plc |
| Product | Home insurance |
| Claim type | Home insurance claim disputes |
| Outcome | Upheld |
| Remedy | AXA Insurance Plc must pay Miss W: (1) £835 to settle the balance of the claim for window damage and repairs; and (2) £1,000 compensation for distress and inconvenience caused by poor claim handling |
Summary
Miss W complained that AXA Insurance Plc unfairly declined to cover her damaged contents following a fire in July 2020 and failed to properly repair a replacement window installed by AXA's contractors. AXA had accepted poor service, avoidable delays, and unnecessary stress, initially offering £550 compensation. The ombudsman upheld the complaint regarding window repairs and compensation but rejected the contents claim, finding the policy did not cover tenant's contents and AXA bore no responsibility for the fire. AXA was required to pay £835 for comprehensive window and windowsill repairs and £1,000 compensation for distress and inconvenience caused by poor claim handling over an extended period.
The Ombudsman's reasoning
The ombudsman found that while AXA's policy did not contractually cover tenant's contents, the contents claim should not be upheld because AXA was neither responsible for the fire nor had agreed to provide such cover when underwriting the policy. Even if the loss adjuster had given assurances, this would not put AXA 'on risk' for cover not included in the policy. However, regarding the window damage, AXA had accepted responsibility for repairs but failed to complete them adequately over seven months. The ombudsman accepted Miss W's updated quotation of £835 as reasonable, as it addressed all outstanding defects including replacement of damaged windowsills and related works. The £1,000 compensation for distress and inconvenience was upheld as fair given the sustained period of poor handling, avoidable delays, and impact on Miss W.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| AXA Insurance Plc, all decisions | 12 | 46% |
| Home insurance claim disputes, all decisions | 25,340 | 38% |
| Home insurance, all decisions | 20,668 | 38% |
Source
Read the original decision on the Financial Ombudsman Service website