Partially upheld: Home insurance claim disputes complaint against Liverpool Victoria Insurance Company Limited

Decision detail

Summary

Mr S complained about remedial repairs proposed by LV following damage to his driveway that occurred during LV's response to a subsidence claim. LV accepted responsibility for the damage and proposed a remedial repair, but Mr S was unhappy with the proposal. The ombudsman partially upheld the complaint, finding that LV's proposed repair was suitable and evidence-backed, but that LV had caused avoidable distress and inconvenience through poor service and failure to obtain planning consent. The ombudsman awarded £600 compensation while directing that the proposed remedial repair proceed as planned.

The Ombudsman's reasoning

The ombudsman applied the principle of indemnity to determine that any remedial repair must be suitable, lasting, effective and return the driveway to its prior condition, but need not be better. LV's proposed repair was supported by expert evidence and Mr S failed to provide sufficiently persuasive counter-evidence or independent expert opinion to undermine it. However, LV's poor service, failure to obtain planning consent, and the distress caused to Mr S warranted compensation.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website