Not upheld: Home insurance claim disputes complaint against Domestic & General Plc

Decision detail

Summary

Ms B complained that D&G treated her unfairly after damage occurred during the installation of a replacement washer dryer provided under her household appliance warranty. The replacement appliance was delivered and installed by Company I, during which Ms B alleged damage was caused to her dishwasher door and other kitchen items. D&G declined responsibility, citing policy terms that clearly state the policyholder is responsible for installation costs and that D&G is not liable for damage caused by third-party installers. The ombudsman found that Ms B had a direct contractual relationship with Company I for installation services, as Company I had accepted and considered her complaint on the merits rather than disputing jurisdiction. The ombudsman concluded that D&G's policy terms were clear and fair, and that D&G had not acted unfairly in relying on them to decline responsibility for Company I's actions.

The Ombudsman's reasoning

The ombudsman found that D&G's policy terms are clear and unambiguous that D&G does not take responsibility for installation of replacement appliances, and that the policyholder remains responsible for this. The ombudsman determined that Ms B had a direct contractual relationship with Company I for the installation services, as evidenced by the fact that Company I accepted and considered her complaint on the merits rather than disputing jurisdiction. While the ombudsman acknowledged the distinction between Company I's role and D&G's role may not have been clear to Ms B during the replacement process, this did not persuade the ombudsman that D&G should be held responsible for Company I's actions. The policy terms and the nature of the contractual relationships meant D&G acted fairly in relying on its policy terms and directing Ms B to pursue the matter with Company I directly.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website