Not upheld: claim handling - refusal to carry out repairs due to health and safety concerns complaint against Aviva Insurance Limited

Decision detail

Summary

Mr H claimed under his home emergency insurance policy for a toilet leak in June 2025. When Aviva's engineer refused to lift bathroom floorboards due to asbestos health and safety concerns, Mr H arranged his own repairs and sought reimbursement. The ombudsman found the engineer's cautious approach was reasonable given the confirmed asbestos soil vent pipe and potential asbestos in linoleum tiles, and that policy terms excluded toilet replacement and unauthorised work. Although the handler's call could have been better handled, the complaint was not upheld as the underlying refusal to proceed was justified.

The Ombudsman's reasoning

The ombudsman found it was not unreasonable for the engineer to refuse to lift floorboards and tiles without appropriate testing given the confirmed presence of an asbestos soil vent pipe and potential asbestos in linoleum tiles. The engineer was entitled to take a cautious health and safety approach despite Mr H's assurances. The alternative ceiling access method was not unreasonably suggested, and Mr H's refusal to allow this method meant the engineer could not proceed. The policy terms clearly excluded toilet replacement and work by unauthorised persons, so reimbursement was not due. While the handler's call could have been handled better, the underlying frustration stemmed from the engineer's reasonable refusal, not from poor service.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website