Not upheld: claim declined - interpretation of policy terms complaint against Aviva Insurance Limited

Decision detail

Summary

Mr and Mrs K claimed under their travel insurance policy after missing their pre-booked flight due to an IT incident at the departure airport. Aviva declined the claim, and the claimants complained. The ombudsman examined the policy's 'missed transport' cover, which provides for alternative travel costs when pre-booked transport is missed due to unexpected delays such as vehicle breakdown or public transport cancellation. The ombudsman concluded that this cover is intended for delays in transport to the airport, not circumstances within the airport itself. Although sympathetic to the claimants' situation, the ombudsman found Aviva's interpretation of the policy terms to be fair and reasonable and did not uphold the complaint.

The Ombudsman's reasoning

The ombudsman concluded that the policy's 'missed transport' cover is designed to cover delays in the transport used to reach the departure point (such as vehicle breakdown or public transport delays), not circumstances occurring within the airport itself. The examples provided in the policy make this intention reasonably clear. Although the circumstances were unforeseen and caused inconvenience, the ombudsman was not persuaded that 'pre-booked transport' should be interpreted to include an IT incident within the airport. The absence of express exclusion does not mean cover should be provided, as the policy sets out the covered circumstances.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website