Upheld: Service failures generally complaint against Yoga Insurance Services Limited
Financial Ombudsman decision DRN-3673731 of 2023-01-17T00:00:00+00:00. Service failures generally complaint against Yoga Insurance Services Limited. Outcome: Upheld.
Decision detail
| Reference | DRN-3673731 |
|---|---|
| Decision date | 2023-01-17T00:00:00+00:00 |
| Firm | Yoga Insurance Services Limited |
| Product | Other regulated product |
| Claim type | Service failures generally |
| Outcome | Upheld |
| Remedy | Yoga Insurance Services Limited must pay X £200 compensation for the trouble and upset caused by excluding them from applying for insurance due to the unavailability of the 'Mx' title option. |
Summary
X, a non-binary individual using 'Mx' as their title, attempted to apply for car insurance with Yoga Insurance Services Limited in May 2022 but was unable to complete the application because Yoga's website did not offer 'Mx' as a title option. Although X had initially used 'Mr' as a workaround on a comparison website, Yoga confirmed that 'Mx' would not have been available even for direct applications to its site. The ombudsman upheld X's complaint, finding that Yoga's system limitation effectively excluded non-binary consumers from applying for insurance. Yoga's subsequent update to include 'Mx' demonstrated the exclusion was within its control. The ombudsman ordered Yoga to pay £200 compensation for the distress and alienation caused by this avoidable exclusion.
The Ombudsman's reasoning
The ombudsman agreed with the investigator that while Yoga may not have intentionally excluded non-binary consumers, its failure to offer 'Mx' as a title option effectively did so. The ombudsman rejected Yoga's arguments that: (1) the comparison website was primarily at fault, as each complaint is considered on its own merits; (2) the initial 'Mr' entry was relevant, as the core issue was Yoga's system limitations; and (3) X may not have lost out financially, as the £200 compensation was for the distress and alienation of being prevented from applying, not for price differences. The ombudsman found the system limitation was within Yoga's control, evidenced by its subsequent update.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| Yoga Insurance Services Limited, all decisions | 10 | 40% |
| Service failures generally, all decisions | 32,767 | 33% |
| Other regulated product, all decisions | 51,105 | 30% |
Source
Read the original decision on the Financial Ombudsman Service website