The Financial Services Ombudsman has been called in to investigate a decision made by insurance company Allianz to reject claim due to conflicting evidence
Oliver Murphy, who owns a bed and breakfast in Dundalk, claimed e200,000 after a fire and burglary occurred at his B&B in August of 2009 but Allianz rejected his claim after an electrician, appointed by Mr Murphy, concluded that the alarm was in working condition and both the siren and flashing light were working.
This was after an engineer, appointed by Allianz, had concluded that both the terminal on the back up battery and the bell box had been corroded and the siren was not working.
Allianz was ordered to pay Mr Murphy 250e due to a seven month delay in dealing with the claim but it was concluded that the alarm had not been working at the time of the burglary so Allianz were fully entitled to reject the claim.
Mr Murphy then went on to state that an oral hearing should have been held by the ombudsman due to the conflicting evidence given by the engineer and the electrician, however the ombudsman pointed out that neither Mr Murphy or Allianz had requested this when the investigation was being carried out and it was too late to demand it now.
However the judge said that while the ombudsman’s decision could not easily be interfered with he would still set aside the ombudsman findings and send the case back to be reconsidered due to the fact that the reports by the electrician and engineer were in serious conflict with one another.