Upheld: Motor insurance, claim handling complaint against Advantage Insurance Company Limited

Decision detail

Summary

Ms B claimed on her home insurance policy after a burglary in June 2025, but Advantage declined the claim alleging she failed to take reasonable precautions by leaving a kitchen window open or unsecured. Ms B complained about the decline and how Advantage handled the claim, including a mid-term premium increase. An Investigator upheld the complaint, and Advantage disagreed. The ombudsman found that while the window was likely left open, Advantage failed to prove Ms B acted recklessly, as the window faced an enclosed gated garden, two large dogs were present, and Ms B was only away briefly. The complaint was upheld, and Advantage was directed to reconsider the claim and pay £150 compensation.

The Ombudsman's reasoning

To decline a claim based on failure to take reasonable care, Advantage must show the policyholder acted recklessly, meaning they recognised a risk but took it anyway. While the ombudsman accepted it was more likely than not that Ms B left the window open, this alone does not prove recklessness. Given the specific circumstances—the window's location in an enclosed, gated garden not visible from public areas, the presence of two large dogs, the high temperature explaining the open window, and Ms B's short planned absence—Advantage failed to demonstrate that Ms B recognised the risk that someone would find the open window and burgle the property during her brief absence. Therefore, the claim decline was unfair.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website