Not upheld: Service failures generally complaint against BROWN & BROWN INSURANCE BROKERS (UK) LIMITED

Decision detail

Summary

B, a limited company, complained that ATIG failed to provide key policy documents at renewal in November 2022, which led to a claim being declined following a fire in June 2023. B also complained that ATIG failed to add a steel portable building to the insurance policy as instructed. The insurer declined B's claim on the basis that B hadn't complied with Fire Precautions conditions. The ombudsman found that although full renewal documentation wasn't provided, ATIG sent an email on 2 December 2022 containing a Contractors Combined Quote Schedule that prominently drew attention to the Fire Precautions conditions and stated that existing terms would continue unless specified otherwise. The ombudsman concluded that ATIG provided sufficient information to alert B to the key condition and did not uphold the complaint.

The Ombudsman's reasoning

Although ATIG failed to provide full renewal documentation at the time of renewal in November 2022, they sent sufficient information via email on 2 December 2022 to B's correct email address. The Contractors Combined Quote Schedule document prominently stated in its top third section that existing terms and conditions would continue unless specified otherwise, and specifically drew particular attention to the Fire Precautions conditions. This was the same condition the insurer relied upon when declining the claim. Therefore, ATIG provided adequate notice of the key condition, and B should have been aware of it despite the managing director's reliance on ATIG's representative.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website