Not upheld: claim declined - travel insurance cancellation complaint against Aviva Insurance Limited

Decision detail

Summary

Mrs A and Mr S claimed on their travel insurance policy after cancelling a holiday to country D following a military airstrike in September 2025. Aviva declined the claim, stating the circumstances were not covered under the policy terms. The complainants argued the airstrike constituted a terrorist attack covered under section 4(d) of the cancellation section and invoked the contra proferentem rule due to alleged ambiguity. The ombudsman found the policy terms were clear and unambiguous, with section 4 explicitly requiring covered incidents to occur within 31 days of departure. Since the airstrike occurred more than 31 days before departure and the FCDO had not issued travel advice against the destination, the claim fell outside policy coverage. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman found that the policy terms were clear and unambiguous. Section 4 of the cancellation section explicitly requires that covered scenarios must occur within 31 days before the departure date. Although the airstrike may have constituted a terrorist attack within 50 miles of the accommodation, it occurred more than 31 days before departure, placing it outside the policy coverage. The FCDO had not issued travel advice against the destination at the time of cancellation. The ombudsman rejected the application of the contra proferentem rule as the terms were not ambiguous. No evidence supported that the accommodation was unusable. The ombudsman also found Aviva's handling of the claim was reasonable and transparent.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website