Not upheld: mis-selling - failure to adequately disclose significant change in policy cover complaint against Kounnis Insuforce Limited trading as Waltham Forest Insurance (WFI)

Decision detail

Summary

Mr and Mrs D complained that WFI mis-sold their home insurance policy by failing to adequately disclose that the 2021 renewal with a new insurer excluded accidental damage to swimming pools, a cover they had previously enjoyed. Mr D discovered the exclusion in 2025 when making a claim and denied receiving a notice of changes sent with the 2021 renewal. The ombudsman found the exclusion was significant but determined that WFI likely sent a notice advising of changes and that Mr D had not conclusively proven he did not receive it. The complaint was not upheld as the ombudsman was not satisfied Mr D had established he was not made aware of the change in cover.

The Ombudsman's reasoning

The ombudsman found that the exclusion of accidental damage to swimming pools was a significant change from the previous policy, as swimming pool cover varies considerably between insurers and this exclusion is not commonly seen. However, the ombudsman was satisfied that WFI likely produced and sent a general notice to policyholders advising of changes in cover, as WFI had only one product and the previous insurer had withdrawn. While the ombudsman could not be certain the notice was included in the 2021 renewal pack, they were not satisfied that Mr D had established he did not receive it. The burden was on Mr D to prove he did not receive the notice, which the ombudsman found he had not done conclusively.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website