Partially upheld: claim handling, claim settlement, service failures complaint against Aviva Insurance Limited
Financial Ombudsman decision DRN-6055281 of 2026-04-07T00:00:00+00:00. claim handling, claim settlement, service failures complaint against Aviva Insurance Limited. Outcome: Partially upheld.
Decision detail
| Reference | DRN-6055281 |
|---|---|
| Decision date | 2026-04-07T00:00:00+00:00 |
| Firm | Aviva Insurance Limited |
| Product | Home insurance |
| Claim type | claim handling, claim settlement, service failures |
| Outcome | Partially upheld |
| Remedy | Aviva to pay £750 compensation for service failings; cash settle the claim as outlined in final response letter; consider vermin control costs subject to reasonable proof; consider additional pipe-related costs covered by policy above the cash settlement subject to reasonable proof. |
Summary
Mr and Miss R claimed on their home insurance policy with Aviva following water ingress into their cellar caused by tree roots damaging a drainage pipe. During investigation and repair works in January 2025, structural integrity issues were identified, causing work to cease for safety reasons. Aviva offered cash settlement for pipe repairs only, declining structural repairs under the gradual causes exclusion, and offered £750 compensation for service failures. The ombudsman partially upheld the complaint, finding Aviva's claim decision and reliance on policy exclusions fair, but acknowledging service failures warranted the £750 compensation, with additional provisions for vermin control and increased repair costs if substantiated.
The Ombudsman's reasoning
The ombudsman found that while Aviva's decision to cease works due to structural safety concerns was unavoidable and reasonable, and the reliance on the gradual causes exclusion was fair, there were avoidable service failures in delays and poor communication. The £750 compensation was considered appropriate under FOS guidelines as it recognises the impact while acknowledging that some delays were unavoidable (such as subsidence investigation). The ombudsman accepted that cash settlement for pipe repairs was reasonable given that covered repairs could not proceed until uncovered structural issues were resolved.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| Aviva Insurance Limited, all decisions | 5,098 | 27% |
| Home insurance, all decisions | 20,668 | 38% |
Source
Read the original decision on the Financial Ombudsman Service website