Not upheld: Home insurance claim disputes complaint against AXA Insurance UK Plc

Decision detail

Summary

Mr and Mrs S claimed on their home insurance policy with AXA for damage caused when builders they had engaged to carry out paving work abandoned the job partway through, leaving the property damaged. AXA declined the claim, treating the builders as employees and applying a deliberate damage exclusion. Mr S argued the builders were criminals who obtained access through fraud, not legitimate employees. The ombudsman found that regardless of the builders' status, the damage did not fall under any insured peril covered by the policy, as it was neither vandalism nor accidental damage. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman found that Mr S's policy was an 'insured perils' policy covering only specific listed events such as fire, storm, flood, vandalism and accidental damage. The onus was on Mr S to demonstrate that an insured event caused the loss. The damage resulting from the builders starting and abandoning works did not constitute vandalism (as this requires malicious intent to damage, not merely abandoning work) nor accidental damage (as the actions were deliberate and intentional). Therefore, no insured peril had occurred and AXA was not required to provide cover.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website