Partially upheld: claim decline - alleged unfair policy interpretation complaint against Inter Partner Assistance SA

Decision detail

Summary

Mr C claimed on his breakdown assistance motor insurance policy after misfuelling his motorhome whilst abroad. IPA declined the claim, stating misfuelling was not covered under the European breakdown assistance endorsement. Mr C believed the policy should cover him as it covered mechanical breakdown and immobilisation. The ombudsman found that misfuelling was explicitly listed as covered only under the UK endorsement and not mentioned in the European endorsement, making IPA's refusal fair and reasonable. However, the ombudsman upheld the complaint in part, finding IPA's handling was poor for providing a blank refusal without offering alternative assistance, and awarded £100 compensation for the distress caused.

The Ombudsman's reasoning

The ombudsman found that misfuelling was not covered under the European breakdown assistance endorsement as it was not listed as covered, unlike the UK endorsement which explicitly mentioned it. The policy schedule clearly distinguished between the two endorsements, and misfuelling was only listed under UK cover. Therefore, IPA's refusal to cover the claim was in line with the policy terms and conditions and fair and reasonable. However, IPA's handling was poor as it provided a blank refusal without offering any assistance or guidance to Mr C who was in a distressing situation abroad.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website