Test case ruled out for volcanic ash by Financial Ombudsman
by Katy Murcutt - Paralegal
19 April 2011, filed under Consumer
It has been a year since the total disruption caused by the Icelandic ash cloud, and the Financial Ombudsman Service, also known as FOS has refused to refer a travel insurance dispute to the courts to be used as a test case.
The main issue of the claim was if the delay which had been caused by the ash from the volcano in the April of 2010 was the unfortunate result of bad weather under the travel insurance of a person who is only known in this case as Ms B. If this was true, then Ms B would be entitled to claim on her insurance.
The insurance company has put forward an argument that any poor weather is mostly understood as being atmospheric conditions which relates directly to wind, heat and also water precipitation in its different forms. The idea that the ash was in the atmosphere at that time does not mean it is linked with the weather in any way.
However, Ombudsman Caroline Mitchel reached a provisional conclusion in the December of 2010 that the wind-borne ash constituted as bad weather and it was then that Ms B’s insurance claim was in fact covered by her policy.
The ombudsman was aware of the impact that the decision could have an effect on other cases which were similar, then asked the insurance company to make representations as to whether the above mentioned matter should be decided by the court as a test case.
Under this idea, it ensures the ombudsman has discretion to dismiss certain complaints if it brings to light an important or unusual point of law which has direct consequences and would be better dealt with by a court as a test case.
The insurers have argued that the case had highly significant consequences for itself and for other insurers because of the high volume of cases brought forward on similar wording of “poor weather conditions” and the unexpected coverage given by the media for the ash cloud disaster.
The ombudsman realises that there would be a high level of interest by the public, but was not convinced that the case raised an important or unusual question of law.
For more news and information on consumer matters, please see our legal news section on the site to keep updated.
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