Upheld: Home insurance claim disputes complaint against Bastion Insurance Company Limited

Decision detail

Summary

Mr B claimed on his pet insurance policy after his dog escaped from its collar during a walk and was hit by a car. Bastion rejected the claim, alleging Mr B breached policy conditions by failing to keep the dog properly secured and controlled. Mr B explained he had taken multiple precautions including a collar, lead, and Halti, had obtained professional advice, and the dog's sudden unusual behaviour caused it to pull hard enough to escape. The ombudsman upheld the complaint, finding Bastion failed to prove a breach of conditions and that Mr B had taken reasonable steps to comply. Bastion was directed to reconsider the claim and pay £100 compensation.

The Ombudsman's reasoning

The ombudsman found that Bastion failed to discharge its burden of proving a breach of the policy conditions. While the incident occurred, this alone does not establish that Mr B failed to secure the collar properly. Mr B's consistent testimony, the precautions he took (including professional advice and proper measurement), the absence of previous incidents, and the plausible explanation that the dog's sudden unusual behaviour caused it to pull hard enough to escape, collectively demonstrate that Mr B took reasonable steps to comply with the conditions. It would be unfair to reject the claim based merely on the fact that the accident happened.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website