Not upheld: unfair claim decline due to delay in providing requested information complaint against Ageas Insurance Limited

Decision detail

Summary

Mr A claimed under his buildings insurance policy with Ageas for damage allegedly caused by piling works at a nearby development in 2017. Ageas requested title deeds to confirm Mr A's ownership and repair responsibility for the damaged areas, which appeared to mainly affect another flat. Despite repeated requests from 2018 onwards, Mr A did not provide the deeds until 2025, when he also submitted structural reports. Ageas declined to progress the claim, citing prejudice from the multi-year delay. The ombudsman upheld Ageas's decision, finding the information was reasonably required and the delay materially impaired Ageas's ability to investigate and manage the claim as it could have done in 2018.

The Ombudsman's reasoning

The ombudsman found it reasonable for Ageas to request title deeds in 2018 to confirm ownership and repair responsibility, as much damage appeared to affect areas not obviously owned by Mr A. The multi-year delay in providing this information materially prejudiced Ageas's ability to investigate the claim contemporaneously, assess damage progression, determine liability, instruct its own experts, and manage potential recovery. Although the claim might have been capable of some investigation in 2025, the delay was sufficiently prejudicial that it was fair for Ageas to decline to progress it. The adjuster's failure to respond to Mr A's 2023 question did not remove Mr A's responsibility to provide information Ageas had been requesting since 2018.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website