Travel Decision Reference 2019-0262

• Jurisdiction: Ireland
• Case Outcome: Rejected
• Date: 06 August 2019
• Year: 2019
• Conducts Complained Of: Rejection of claim,
• Finantial Sector: Insurance
• Reference: 2019-0262

Decision Ref:

2019-0262

Sector:

Insurance

Product / Service:

Travel

Conduct(s) complained of:

Rejection of claim

Outcome:

Rejected

LEGALLY BINDING DECISION

OF THE FINANCIAL SERVICES AND PENSIONS OMBUDSMAN

Background

On 18 October 2017, the Complainants purchased a travel insurance policy online for

€177.00 for the purposes of a trip to America on 15 November 2017. The travel insurance

policy contained a clause which covered the expense associated with returning back to

Ireland if the trip had to be cut short due to a death, serious illness or injury.

On 17 November 2017, the Complainants received a notice from the local Department of

Health, which was delivered to their hotel, which advised that two guests of the hotel had

been reported sick with Legionnaires’ disease within the previous 12 months. The

Department of Health had conducted tests that had previously revealed the presence of

bacteria in the water supply linked to Legionnaires’ disease.

On 19 November 2017, on account of fears of contracting the disease, the Complainants

returned back to Ireland having booked flights for €559.06. The Complainants sent in a claim

form to the Provider seeking repayment of that sum in addition to a sum of €267.33 not

refunded by their hotel.

On 5 December 2017, the Provider’s representative sent a final response letter declining

coverage.