Not upheld: Home insurance claim disputes complaint against A Shade Greener (Boilers) Llp

Decision detail

Summary

Mr T complained that ASG unfairly refused to cover costs he incurred for damp damage, which he believed was caused by a boiler installed by ASG in October 2012. In February 2022, Mr T discovered damp and called ASG, who concluded the boiler was not the cause. The ombudsman found that the boiler's reliable operation for nearly ten years strongly suggested it was fit for purpose and properly installed, and that ASG's engineer's report and damp meter readings provided persuasive evidence the damp was not caused by the boiler. The ombudsman rejected Mr T's argument that ASG had secretly fixed a leak, noting the damp readings would have shown significant moisture if this had occurred. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman applied a balance of probabilities test, considering that if the boiler or its installation had been defective in 2012, issues would have manifested far sooner than ten years later. The boiler's reliable operation for nearly a decade strongly suggested it was fit for purpose and properly installed. The ombudsman found ASG's engineer's report and damp meter readings persuasive evidence that the damp was not caused by the boiler. The fact that Mr T apparently signed the engineer's report at the time suggested he accepted the engineer's conclusion. The ombudsman rejected Mr T's argument that ASG had secretly fixed a leak, noting that the damp meter readings would have shown significant moisture if a leak had recently been repaired.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website