Not upheld: claim decline - wear and tear exclusion complaint against Lloyds Bank General Insurance Limited trading as Halifax

Decision detail

Summary

Mr and Mrs D claimed for storm damage to their boundary wall following severe weather in January 2025. LBG declined the claim relying on the policy exclusion for wear and tear, based on a surveyor's report and historical images showing deteriorated mortar and structural deformation. Mr D disputed this, arguing the surveyor's assessment was prejudiced because debris had been cleared before the visit and that other walls in the area remained standing. The ombudsman upheld LBG's decision, finding the evidence of long-term deterioration was clear and unrebutted, and that a well-maintained wall would have withstood the storm conditions.

The Ombudsman's reasoning

The ombudsman found that LBG fairly relied on the surveyor's conclusions that the wall had suffered long-term wear and tear, deteriorated mortar, and structural weakness. Historical images from 13 years prior supported this assessment. Although debris had been cleared before the surveyor's visit, the remaining evidence of deterioration was clear and unrebutted. A well-maintained wall would be expected to withstand severe weather; therefore, the wear and tear was the proximate cause of failure, not the storm. The claim was properly declined under the policy exclusion.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website