Not upheld: unfair claim decline - storm damage complaint against UK Insurance Limited

Decision detail

Summary

Mrs J and Ms J complained that UKI unfairly declined their claim for storm damage to their roof and bedroom ceiling following storm Darragh in December 2024. UKI accepted the claim for damage to the ceiling above the piano but declined the roof and bedroom ceiling claims, stating there was no evidence the damage resulted from the storm. The ombudsman applied the three-question test for storm claims and found that while storm conditions occurred and the damage types were consistent with storms, the surveyor's evidence showed the roof damage was from gradual deterioration and the bedroom ceiling damage showed no water staining. The ombudsman upheld UKI's decision to decline the claim as the storm was not the underlying cause of the damage.

The Ombudsman's reasoning

The ombudsman applied the three-question test for storm damage claims: (1) did storm conditions occur - yes, wind speeds of 61mph are storm force; (2) is the damage consistent with typical storm damage - yes, roof and rainwater ingress damage are typical; (3) was the storm the underlying cause - no. The surveyor found no visible storm damage to the roof, only pre-existing deterioration from gradual causes. The bedroom ceiling damage showed no water staining, unlike the ceiling above the piano which clearly showed rainwater ingress. The ombudsman found the surveyor's findings persuasive and more credible than Mr J's calculations about lifting force. Since the policy does not cover gradual causes and the storm was not the underlying cause, UKI reasonably declined the claim.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website