Not upheld: claim rejection - burglary theft complaint against Haven Insurance Company Limited

Decision detail

Summary

Mr C claimed on his home insurance policy with Haven following a burglary in September 2025 where items were stolen. Haven declined the claim, arguing that while the burglar forced entry through a locked communal gate, he entered Mr C's home through an unlocked back door without using force and violence as required by the policy's theft exclusion. The ombudsman upheld Haven's decision, finding that the communal gate was not part of Mr C's home as defined in the policy, and that entry through the unlocked back door involved force but not violence, failing to meet the policy requirement for both elements. The complaint was not upheld and no remedy was ordered.

The Ombudsman's reasoning

The ombudsman applied the policy terms objectively, focusing on the requirement for both 'force and violence' to be used to enter the home. While the burglar used force to open the unlocked back door, the ombudsman found that violence (something beyond the ordinary or intended method of entry) was not used, as the door was unlocked and required no instrument to open. The communal gate, though forcibly entered, was not part of Mr C's home as defined in the policy. Therefore, Haven fairly relied on the policy exclusion to decline the claim.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website