Not upheld: claim handling - alleged unreasonable obstruction and delay; alleged discrimination complaint against Aviva Insurance Limited

Decision detail

Summary

Mr S complained that Aviva Insurance Limited unreasonably obstructed and delayed his legal expenses insurance claim following a neighbour dispute by insisting on a chronology of events dating back to 2017, and alleged discrimination based on ethnicity. Aviva maintained the chronology was necessary to determine whether the claim fell within policy cover, given evidence of a long-standing dispute and previous claims. The ombudsman found the requested information was material and reasonable, that Aviva clearly explained why it was needed, and that the same information would be required from any policyholder in similar circumstances, rejecting both the obstruction and discrimination allegations.

The Ombudsman's reasoning

The ombudsman found that the chronology was material information necessary to determine whether Mr S's claim fell within policy cover, given the policy's restriction that only one claim can be made per insured incident and evidence of a dispute spanning multiple years. Aviva clearly explained why the information was needed and did not unreasonably obstruct or delay the claim. The ombudsman rejected the discrimination allegation, finding that the same information would likely be required from any policyholder in similar circumstances, and therefore ethnicity was not a factor in Aviva's handling.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website