Other Decision Reference 2019-0282

• Jurisdiction: Ireland
• Case Outcome: Partially upheld
• Reference: 2019-0282
• Year: 2019
• Date: 02 September 2019
• Subject Matter: Other
• Conducts Complained Of: Disagreement regarding Settlement amount offered,
• Finantial Sector: Insurance

Decision Ref:

2019-0282

Sector:

Insurance

Product / Service:

Other

Conduct(s) complained of:

Disagreement regarding Settlement amount offered

Outcome:

Partially upheld

LEGALLY BINDING DECISION

OF THE FINANCIAL SERVICES AND PENSIONS OMBUDSMAN

Background

This complaint relates to the failure of the Provider to fully reimburse the Complainant for

a claim under its insurance policy. This claim related to a property owned by the

Complainant, where remedial works were carried out following a water leak.

The Complainant’s Case

The Complainant is a property company for a property and entered into an insurance policy

with the Provider which began on 31 December 2013. The Complainant states that it made

a claim to the Provider on 30 January 2015 arising out of damage to the Complainant’s

property due to a water leak. A note from a plumber furnished to this office and dated 26

February 2015 states that he was called on to the property on 30 January 2015 and found

extensive water damage to the interior. The plumber states that he turned off the water

supply to prevent any further damage. He also states that when he returned to the property

on 31 January 2015, to check the leak source, he found a leak in the attic space which was

a half inch connection which had the olive pulled on the joint due to freezing conditions.

The plumber states that he repaired this and tested the water system which was then

working fine. A supplemental report from the plumber dated 22 October 2018, clarifies the

exact position of water in the attic space. He states that the pipe in question was closely

connected to the wall slabs in the bathroom and the hot-press. He further states in his

supplemental report that on 31 January 2015 he noted that the wall slabs at the bathroom