Not upheld: claim decline - alleged theft complaint against Aviva Insurance Limited

Decision detail

Summary

Mr A claimed on his home insurance policy after his landlady evicted him and he lost access to his contents. Aviva declined the claim, stating it did not fall within the scope of cover for theft. Mr A argued he was unable to retrieve his contents due to changed locks and that police had provided a crime reference. The ombudsman upheld Aviva's decision, finding that Mr A had not demonstrated the circumstances amounted to theft under law, as police had advised it was a civil matter, and that relevant policy exclusions would have applied regardless.

The Ombudsman's reasoning

The ombudsman found that Mr A failed to demonstrate the circumstances amounted to theft as defined in law, particularly given police advice that it was a civil matter. Even if theft had occurred, the policy exclusions would have applied because the landlady had access to the property without using force, lived at the property with Mr A, and deliberately caused the loss. The ombudsman also found Aviva adequately made Mr A aware of policy terms through the policy schedule referencing the booklet.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website