Not upheld: claim declined - wear and tear exclusion complaint against HELVETIA GLOBAL SOLUTIONS LTD

Decision detail

Summary

Mr B claimed on his furniture insurance policy for damage to an electric reclining sofa purchased in 2022, where the footrest mechanism failed to fully retract and the motor sounded defective. HGS declined the claim after a technician determined the leg rest arms had twisted gradually over time due to the sofa being positioned against a wall and the kickboard being left open during use, causing wear and tear damage. Mr B requested a second opinion, but HGS's senior technician confirmed the initial findings. The ombudsman upheld HGS's decision, finding that the damage was clearly caused by gradual wear and tear, which is explicitly excluded from the policy, and that HGS was not obligated to obtain an independent assessment.

The Ombudsman's reasoning

The ombudsman found that the policy clearly excludes wear and tear damage, which is standard in furniture insurance policies. The evidence from both the technician and senior technician, combined with Mr B's own description that the issue occurred 'over time', demonstrated that the damage was caused by gradual deterioration from normal use rather than a sudden structural defect. The policy only covers structural defects that occur outside the manufacturer's warranty period and are caused by faulty components, not damage from wear and tear. HGS was reasonable in declining the claim and was not obligated to obtain an independent second opinion.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website