Case study 2 A motorist's car was stolen from the forecourt of a petrol station and he claimed against his insurance. However, the insurance company refused to pay out because he had left his keys in the ignition.
The complainant argued that he had only left his car for a minute to pay for his purchase. He concluded that it was not reasonable to say that he could have foreseen the possibility that someone might get into the car and drive it off in that time.
The insurer said one of the conditions of any liability on its part, under the terms of the motor policy in question, was that the policyholder take "all reasonable steps to safeguard the insured vehicle from loss or damage".
The ombudsman referred to a 1962 court case, which ruled that property was "unattended" unless it was kept under observation by someone who would be able to spot any attempt to interfere with it and would be able to prevent such interference.
The ombudsman ruled that the car was unattended in this instance and that, by leaving the keys in the ignition of the car while it was unattended, the motorist was in breach of this "reasonable care" clause.
The ombudsman ruled in favour of the insurance company.
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