How to fight Fires and Storms claim rejections easily

Most home insurance policies cover fire and storm damage. However, when the worst happens and you need to rely on that policy, the claims process is rarely as straightforward as consumers expect. Insurers operate strictly on definitions and conditions, and navigating their terms requires knowing the rules of the game.

The meaning of fire and a storm

Fire

The definition of a fire is pretty universal and rarely causes any problems. It doesn't matter whether the fire was caused by something that happened within the property (for example, as the result of an electrical fault), or from a fire in the countryside. Both types are still covered.

Storm

Storm claims are more fiddly to manage because many policies contain a strict definition of a storm. These can vary between different policies, but they usually require a combination of heavy rain, snow, or hail accompanied by a strong wind. Problems can arise where the definition is overly zealous by requiring winds above a certain speed, sometimes approaching hurricane force.

Where the main problems arise

You did not tell your insurer something important

When you buy or renew a policy, your insurer will rely on what you told them about your circumstances to work out what premium to charge and what policy terms should apply. Because what your insurer asks you is the basis of their offer to sell you their cover, if you give inaccurate information they are likely to be allowed to "avoid" your policy—meaning it will be cancelled from the day it started.

In fire claims, a common mistake is to say you have a working fire alarm when you either do not have one, or it is not working at the time of a fire. In storm and flood claims, it is common to be asked whether you live in a flood plain.

Fortunately, there are restrictions to your insurer being allowed to avoid your policy:

• In a consumer insurance policy, you only need to take "reasonable care" to give accurate information.
• Your insurer cannot generally avoid your cover unless they can show they would not have insured you at all had they known the accurate position.

You are under-insured

It is common in most home insurance policies for you to set the sum insured based on a rebuilding value that you have declared to your insurer for your property. Problems arise if you set this figure too low, because your insurer can reduce any claim you make relating to that sum insured by a proportional amount.

For example, if you insured your home for a rebuilding cost of £250k when it would have actually cost £500k, then if you have a claim of £50k, your insurer need only pay 50% (250k/500k) of your claim, which is £25k. This principle can apply to both fire and flood claims.

There are restrictions to what is expected from you. Unless your trade involves providing property valuations, you will only be required to make a reasonable effort in valuing it. Also, your insurer can only rely on under-insurance if they actively include a clause about it in your policy documents.

Common conditions and exclusions

Even if fires and storms are covered under your policy, the cover will still be subject to certain exclusions. These cut into what would otherwise be covered by either reducing what and when a claim is payable, or by removing the cover altogether in the circumstances stated. The policy will also contain certain Conditions requiring you to do something (or refrain from doing it).

Flood and Storm

A common excuse used by insurers to refuse a claim is that the damage did not happen suddenly, but was caused by something that occurred over time ("gradually") or was caused by "wear and tear". Alternatively, some policies exclude floods that occur where there is a rise in the water table.

For wear and tear, the Financial Ombudsman test is that they usually require that the cause and damage are readily discoverable to trigger time running. So it shouldn't matter, for example, if you have a plumbing joint that has been leaking for some time, but is hidden behind the bath and remains undiscoverable. You would, however, be expected to act as soon as any damage becomes apparent or visible.

Fire

For fire claims, it is common to exclude claims where the homeowner has not taken "reasonable care" to look after their property, and some (but not all) policies require that your electrical wiring is checked every few years and signed off. For an insurer to show that you failed to take reasonable care, they will need to show that you were reckless. This requires that they show you realized there was a risk that your claim would happen, but you either took no steps, or steps you knew would be inadequate, to mitigate it.

With both fire and storm claims, it is common to exclude coverage where your home is unoccupied for more than a certain number of days consecutively (typically 30 or 60 days). Helpfully, these clauses require the property to be unoccupied for a number of consecutive days. If you break the period you are away by staying at your home, or having someone else stay there, the days start to run again.

Sometimes insurers try to apply this hurdle literally. If you want to argue this, it is best to show that you or someone stayed at the property for at least a few days in a row. Consider what evidence you can produce (e.g., delivery records, utility bills) to show someone was staying there.

What to do if your claim is refused by your insurer

Having a sizable insurance claim refused by your insurer is a big problem. It means that not only do you have to manage the underlying claim problem to put the situation right, you will also have to fight your insurer. Here is how to fight back:

• Get your insurer's excuse in writing: This will reduce their ability to change their story later and give you something precise to argue against.
• Read your policy documents: Most people never read these, but they are the basis of the contract. Insurers often apply their small print wrongly by overextending how they apply the actual words used. Any doubt about the contract must by law be interpreted in your favour, not theirs.
• Gather evidence: Use photos, receipts, or input from an expert to substantiate your position. Doing this upfront gives you first-mover advantage before your insurer produces evidence against you. You will need evidence showing that you answered pre-purchase questions accurately, that the claim happened, that it was caused by an insured risk (and not an excluded one), and how much the claim cost.
• Draft a letter to challenge their excuse: Explain why you think their decision is wrong and provide any evidence in support. Keep your letter professional, factual, and strictly focused on the excuse. Start by stating your policy number and the date of the incident. Then, list the insurer's reason for refusal and directly counter it.

Where to take your case

In any given insurance dispute, the trick is to break your case down into two distinct parts. The first part is to get your arguments clearly thought through and articulated in writing. The second part is to decide who to make those arguments to—someone who has the authority to override the refusal.

There are two separate paths to making a complaint:

1. The Financial Ombudsman Service (FOS): Make a complaint to your insurer first. If they refuse to uphold it in 8 weeks, you can take it to the FOS. If the FOS agrees with you, they can make a binding decision against your insurer up to £455,000.

2. The Courts: Any dispute under £10,000 will be dealt with by the Small Claims Court. Anything above this amount will be dealt with by the County Court or High Court. The beauty of the Small Claims Court is that the rule on the "loser paying the winner's legal costs" does not apply, meaning you won't have to pay the insurer's legal fees if you lose.

Even though the FOS can be unpredictable, most people opt to use this service because it is easy to use, less formal than the Court system, desk-based, and free—without the risk of incurring your insurer's legal fees. Just remember: you must go to the FOS within 6 months of receiving your insurer's final response letter.

Who's behind this guide

This guide is free to use and share. It was put together by smarterclaims.co.uk — a UK digital consumer tool built on the 40-year playbook of Steve Smart, a former senior insurance insider who has spent the last decade recovering money for policyholders after their claims were refused. If you want us to help, you can check your insurer's excuse for free to see what arguments are available to challenge it.