Upheld: unfair claim decline; late notification dispute complaint against AmTrust Specialty Limited

Decision detail

Summary

Miss M complained that AmTrust Specialty Limited unfairly declined her building warranty claim for raised decking that had been improperly installed. AmTrust declined the claim on two grounds: that the decking was not part of the structure and that Miss M notified the claim too late (first noticing issues in 2023 but claiming in 2025). AmTrust later conceded that the decking was part of the structure but maintained the claim was made late. The ombudsman upheld the complaint, finding that Miss M, as a non-expert homeowner, could not reasonably have known in 2023 that the issues indicated improper installation, and that AmTrust failed to demonstrate its position was prejudiced by the delay. AmTrust was ordered to accept the claim and pay £150 compensation.

The Ombudsman's reasoning

The ombudsman found that Miss M, as a non-expert homeowner, could not reasonably have known in 2023 that the decking issues resulted from improper installation warranting a warranty claim. Even if notification was delayed, AmTrust failed to demonstrate that its position was materially prejudiced by the late notification. The purpose of notification terms is to protect insurers from avoidable costs, but AmTrust presented no evidence that the remedial work required had changed or increased due to the delay.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website