Not upheld: Motor insurance, claim handling complaint against Newline Insurance Company Limited
Financial Ombudsman decision DRN-4162735 of 2023-06-06T00:00:00+00:00. Motor insurance, claim handling complaint against Newline Insurance Company Limited. Outcome: Not upheld.
Decision detail
| Reference | DRN-4162735 |
|---|---|
| Decision date | 2023-06-06T00:00:00+00:00 |
| Firm | Newline Insurance Company Limited |
| Product | Other regulated product |
| Claim type | Motor insurance, claim handling |
| Outcome | Not upheld |
| Remedy | None - complaint not upheld |
Summary
Mrs M complained that Newline Insurance Company Limited unfairly applied a £750 cruciate ligament treatment limit to include the cost of diagnostic x-rays, arguing that x-rays should be classified as investigation rather than treatment. Newline had pre-approved the x-rays and subsequently applied the £750 limit to the combined cost of x-rays and the £3,500 operation. The ombudsman found the complaint not upheld, determining that the policy definition of 'treatment' explicitly included x-rays and other investigations, making Newline's application of the limit fair and reasonable.
The Ombudsman's reasoning
The ombudsman found that the policy definition of 'treatment' explicitly includes 'examination, consultation, advice, tests, X-rays, medication, surgery, nursing, prescription diet food and care provided by a veterinary practice'. Since x-rays are specifically listed as treatment and Mrs M's dog was being treated for a cruciate ligament repair, the £750 limit fairly applied to the combined cost of x-rays and the operation. Mrs M's argument that x-rays were investigation rather than treatment was rejected based on the clear policy wording.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| Newline Insurance Company Limited, all decisions | 16 | 19% |
| Motor insurance, claim handling, all decisions | 12,798 | 32% |
| Other regulated product, all decisions | 52,408 | 30% |
Source
Read the original decision on the Financial Ombudsman Service website