Not upheld: Unknown / needs review complaint against Avon Insurance Plc
Financial Ombudsman decision DRN-4118559 of 2023-05-19T00:00:00+00:00. Unknown / needs review complaint against Avon Insurance Plc. Outcome: Not upheld.
Decision detail
| Reference | DRN-4118559 |
|---|---|
| Decision date | 2023-05-19T00:00:00+00:00 |
| Firm | Avon Insurance Plc |
| Product | Other regulated product |
| Claim type | Unknown / needs review |
| Outcome | Not upheld |
| Remedy | None. The complaint was not upheld. The ombudsman declined to require return of premiums as the policy had been in force and Avon had been on risk. |
Summary
Mr G complained that Avon Insurance Plc mis-sold him an accidental death policy in 1998, claiming he believed it was life assurance until discovering the truth in 2021. The ombudsman found the policy was sold on a non-advised basis and that Avon provided clear information identifying it as accidental death insurance in both the application form and policy document. Evidence showed Mr G had engaged with the policy over the years, including taking additional cover in 1999 and requesting details in 2012. The ombudsman concluded there was no error or omission by Avon and did not uphold the complaint.
The Ombudsman's reasoning
The ombudsman concluded that Avon provided clear information about the nature of the policy. The application form explicitly stated 'accidental death insurance' and the policy document clearly identified it as an 'Accidental Death Plan'. While Mr G may not have noticed what he was signing, the ombudsman could not hold Avon responsible for this. The evidence of Mr G's ongoing engagement with the policy (additional cover in 1999, requesting details in 2012, receiving updates) demonstrated awareness of the policy's nature.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| Avon Insurance Plc, all decisions | 34 | 3% |
| Unknown / needs review, all decisions | 4,876 | 28% |
| Other regulated product, all decisions | 51,105 | 30% |
Source
Read the original decision on the Financial Ombudsman Service website