Not upheld: claim handling - alleged lack of consent to progress claim complaint against AmTrust Specialty Limited
Financial Ombudsman decision DRN-6086421 of 2026-05-01T00:00:00+00:00. claim handling - alleged lack of consent to progress claim complaint against AmTrust Specialty Limited. Outcome: Not upheld.
Decision detail
| Reference | DRN-6086421 |
|---|---|
| Decision date | 2026-05-01T00:00:00+00:00 |
| Firm | AmTrust Specialty Limited |
| Product | Other regulated product |
| Claim type | claim handling - alleged lack of consent to progress claim |
| Outcome | Not upheld |
| Remedy | None - complaint not upheld |
Summary
Miss W complained that AmTrust progressed a legal expenses insurance claim without her consent following a 2019 car accident. The claim was referred to panel solicitors who contacted AmTrust in August 2020 regarding court proceedings, and AmTrust confirmed cover was in place. AmTrust later withdrew cover when Miss W rejected settlement advice. The ombudsman found Miss W had consented to the claim, either explicitly with her solicitors or implicitly through her awareness and subsequent requests to reinstate cover. The complaint was not upheld.
The Ombudsman's reasoning
The ombudsman found that Miss W either explicitly agreed to the claim with her solicitors or implicitly consented through her awareness and subsequent actions. The fact that Miss W did not raise concerns at the time the claim was progressing, and that she later requested cover be reinstated, indicated she was aware of and consented to the claim. The ombudsman also noted that a previous decision had already established Miss W agreed to the referral to panel solicitors.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| AmTrust Specialty Limited, all decisions | 144 | 30% |
| Other regulated product, all decisions | 52,408 | 30% |
Source
Read the original decision on the Financial Ombudsman Service website