Not upheld: claim declined - wear and tear exclusion complaint against Acasta European Insurance Company Limited
Financial Ombudsman decision DRN-6006052 of 2026-04-17T00:00:00+00:00. claim declined - wear and tear exclusion complaint against Acasta European Insurance Company Limited. Outcome: Not upheld.
Decision detail
| Reference | DRN-6006052 |
|---|---|
| Decision date | 2026-04-17T00:00:00+00:00 |
| Firm | Acasta European Insurance Company Limited |
| Product | Other regulated product |
| Claim type | claim declined - wear and tear exclusion |
| Outcome | Not upheld |
| Remedy | None. No further action required from Acasta. No compensation awarded. |
Summary
Mr G purchased leather sofas in 2022 with furniture insurance covering accidental damage and structural defects. He made two claims for leather peeling and scuffing in April 2023 and October 2024. Acasta declined the second claim, stating the damage was consistent with wear and tear rather than a covered peril. The ombudsman found Acasta's decision fair and reasonable based on a persuasive inspection report with photographic evidence showing the damage resulted from accumulated wear, not manufacturing defects. The complaint was not upheld and no remedy was ordered.
The Ombudsman's reasoning
The ombudsman found the inspection report to be persuasive, conclusive, and supported by photographs. The damage was consistent with wear and tear rather than a manufacturing defect or covered peril. While Mr G argued the recurring pattern across multiple sofas indicated a material defect, the ombudsman found insufficient compelling evidence to support this view against Acasta's inspection findings. The visual inspection was deemed adequate and appropriate for insurance validation purposes.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| Acasta European Insurance Company Limited, all decisions | 98 | 41% |
| Other regulated product, all decisions | 52,408 | 30% |
Source
Read the original decision on the Financial Ombudsman Service website