Not upheld: Home insurance claim disputes complaint against Europ Assistance SA

Decision detail

Summary

Miss W and Mr W complained about Europ Assistance's settlement of a travel insurance claim following an incident abroad where Mr W was injured and had his rucksack taken. They sought reimbursement for the cost of phone calls Mr W made to Europ Assistance, arguing this constituted a breach of contract and that the policy's advertising was misleading. The ombudsman found that whilst Mr W's frustration with delayed call response was understandable, the policy contract does not provide for reimbursement of telephone costs and no such benefit was promised. The advertised service was provided as Mr W did successfully contact Europ Assistance to report his claim. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman found that whilst Mr W's frustration with the delayed call response was understandable, the policy contract does not provide for reimbursement of telephone call costs. There was no breach of contract as no such benefit was promised. The advertised service was provided as Mr W did successfully contact Europ Assistance to report his claim. The statement 'Leave without a worry...' was not inaccurate as insurance is designed to protect policyholders from medical and financial contingencies.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website