Not upheld: claim decline and handling of subsidence claim complaint against INTACT INSURANCE UK LIMITED

Decision detail

Summary

Mr and Mrs W complained about Intact's handling and decline of a subsidence claim made in 2021-2023. The property had previously been subject to a subsidence claim with a different insurer (U) that was settled in 2017. When Mr W reported new cracks in 2021, Intact arranged inspections and monitoring which showed no evidence of new subsidence damage. Both Intact's reports and Mr W's own Surveyor agreed the damage related to the previous claim with U. The Ombudsman found that Intact acted fairly in declining the claim as the policy excluded existing damage and no new subsidence movement was detected during Intact's period of cover. The complaint was not upheld.

The Ombudsman's reasoning

The Ombudsman found that the damage claimed for by Mr W related to matters relevant to his previous claim with insurer U, not new damage occurring during Intact's period of cover. The policy excluded existing damage and damage occurring before the insurance period started. Monitoring carried out by Intact in both 2021 and 2023 showed no further subsidence movement. Intact acted fairly by carrying out appropriate investigations and arranging monitoring periods before declining the claim. Intact was not responsible for communicating with the previous insurer on Mr W's behalf, and there was no evidence of avoidable or unreasonable delays.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website