Financial Ombudsman Service decision
Admiral Insurance (Gibraltar) Limited · DRN-6240902
The verbatim text of this Financial Ombudsman Service decision. Sourced directly from the FOS published decisions register. Consumer names are reduced to initials by FOS at point of publication. Not an AI summary, not a paraphrase — every word below is the original decision.
Full decision
The complaint Mr S and Mrs S complain that Admiral Insurance (Gibraltar) Limited unfairly declined a claim under their travel legal expenses insurance policy. Where I refer to Admiral, this includes the actions of its agents and claims handlers for which it takes responsibility. What happened The detailed background to this complaint is well known to both parties, so I’ll only summarise the key events here. • Mr S and Mrs S hold a travel insurance policy, underwritten by Admiral, which benefits from legal expenses cover. • In 2025, Mr S and Mrs S made a claim for legal assistance. They wanted to pursue a hotel for breach of privacy by a member of their staff. • Admiral declined the claim. It said the policy only provided cover for claims arising from an injury, illness or death. • Mr S and Mrs S raised a complaint. They’re concerned that Admiral had changed the terms of their policy after they’d made their claim, which they believe to be a breach of contract. • Our Investigator didn’t uphold the complaint. He was satisfied the claim had been declined in accordance with the policy terms. And he wasn’t persuaded the policy terms had been altered. As Mr S and Mrs S didn’t agree with our Investigator, the complaint has been passed to me to decide. What I’ve decided – and why I’ve considered all the available evidence and arguments to decide what’s fair and reasonable in the circumstances of this complaint. Having done so, I’ve reached the same outcome as our Investigator, and for broadly the same reasons. Before I explain why, I wish to acknowledge the parties’ submissions in respect of this complaint. Whilst I’ve read them all, I won’t comment in detail on every single point that has been made. Instead, I’ll focus on the key points that are relevant to the outcome I’ve reached. That’s in line with our remit, which is to resolve complaints promptly and with minimal formality. The terms and conditions of the legal assistance section of Mr S and Mrs S’ travel insurance policy says:
-- 1 of 2 --
“What is covered We will pay up to the policy limits shown in the policy schedule for legal costs to help you claim damages or compensation for injury, illness or death which happens during your trip. We will only pay legal costs for claims relating to mental health if it resulted from an accident that also caused injury to you.” Mr S and Mrs S’ claim doesn’t relate to an injury, illness, or death. So there is no insured event, and the claim circumstances fall outside of the scope of cover offered by the policy. As such, I’m satisfied Admiral acted in accordance with the policy terms and fairly when it declined the claim. Mr S and Mrs S are concerned that since making their claim, Admiral has added a policy exclusion for claims against hotels. I’ve looked at the policy terms which both Admiral and Mr S and Mrs S have provided and they’re identical copies. Both policies exclude “legal costs which arise from any claim against a travel agent, tour operator or carrier (such as an airline)”. This is a common exclusion in travel legal expenses insurance policies, and I’m satisfied it formed part of the policy when Mr S and Mrs S took it out. I haven’t seen any exclusion related to hotels in either policy. And as this isn’t something Admiral seek to rely on to decline this claim, I don’t consider it relevant to this complaint. My final decision For the reasons I’ve explained, I don’t uphold this complaint. Under the rules of the Financial Ombudsman Service, I’m required to ask Mrs S and Mr S to accept or reject my decision before 24 April 2026. Sheryl Sibley Ombudsman
-- 2 of 2 --