Upheld: unfair claim decline - misapplication of wear and tear exclusion complaint against Red Sands Insurance Company (Europe) Limited

Decision detail

Summary

Mr D claimed under a 10-year Insurance Backed Guarantee for doors and windows fitted in 2017 after the painted coating on his front door deteriorated abnormally in 2023. Red Sands declined the claim based on a contractor's assessment of wear and tear, citing policy exclusion 4.12. The ombudsman found the photographic evidence showed blistering and peeling concentrated in central sections rather than even fading, inconsistent with normal wear and tear for an 8-year-old door. Red Sands failed to provide persuasive evidence that excluded causes had caused the damage, and the ombudsman upheld the complaint, requiring settlement of the claim and £100 compensation.

The Ombudsman's reasoning

The ombudsman found that the photographic evidence was inconsistent with the contractor's conclusion of wear and tear. The blistering and peeling pattern, concentrated in central and lower sections rather than evenly distributed, and the unrepairable state of an 8-year-old door sold with a 10-year warranty, indicated faulty materials rather than normal wear and tear. Red Sands failed to establish with persuasive evidence that any excluded cause had caused the damage, and the damage pattern was not what a reasonable person would expect from normal usage and exposure.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website