10 Apr 2016

A question about : Is an FOS adjudication binding?

We registered a serious and complex complaint with the FOS that found in our favour, on all counts. Our insurer agreed to the FOS adjudication and signed the settlement agreement. The compensation payment was made, but 18 months later they are still withholding significant funds for items damaged in their care. Items that we damaged, as a result of claim handling not the claim itself. Liability has been accepted. Does anyone know if this is a binding agreement, as both parties agreed to the adjudication? A new complaint has now been lodged with the FOS. Thank you in advance.

Best answers:

  • Well.....FOS adjudications are not binding on the complainant but they are on the insurer.
  • Have you notified the case handler at FOS?
    I had a problem with insurance co. not complying with the Adjudicator and pestered the case handler. They did some chasing. Didn't get what I wanted but at least someone looked into it.
  • Thank you for your reply. When you say the insurance co. did not comply with the Adjudicator, had both parties signed a settlement agreement following the adjudication?
  • It was agreed (signed document) by both parties at the adjudicator stage. I wanted to clarify this would be deemed in breach of the agreement, as both parties agreed to the recommendations (settlement). I have referred the matter back to the FOS with updated complaints covering the time since the recommendations, requesting for the original complaint to be re-opened. Thank you in advance.
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