Court decides volcanic ash “weather related”
The Travel Trade Gazette (TTG) has reported that insurers could be facing a flood of payouts relating to last year’s volcanic ash cloud, after a delayed traveller won a case against his insurance company, establishing in the process that the disruption could be classed as “weather related”.
The revelation follows a decision by Yeovil County Court in a case involving Mr Clive Tucker, who was successful in securing compensation from Insure and Go for the costs involved in being stranded in Mexico, as a result of volcanic ash.
Although the decision of the small claims court does not set a legal precedent, TTG suggests that it adds weight to a provisional decision made by the Financial Ombudsman Services (FOS), in a case which the insurer involved wants to see tested in court.
The Yeovil outcome could therefore affect the FOS’s negotiations with insurance underwriters covering claims by hundreds of customers, according to TTG.
Which? told the publication that even where travellers are not covered by an FOS ruling, Mr Tucker’s success could encourage others to take similar action.
Category: Insurance News, Legal News, Travel Insurance News
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