Advertisment
The advertisement was a sponsored post on Facebook. The text read: –
‘An Post Insurance
Ad. Find out more about our Home Insurance. Because you can’t control the weather — but you can control your cover. Best price online.
#IrishOwned #homeInsurance #houseInsurance’
Text overlain on an image of a fallen tree with houses in the background read:-
‘Home Insurance
When the weather has other plans
An post insurance
Human about insurance
TCs apply. One Direct (Ireland) Limited, trading as An Post Insurance, is regulated by the Central Bank of Ireland. One Direct (Ireland) Limited is a wholly-owned subsidiary of An Post.’
The text at the bottom of the post read:
anpostinsurance.ie
Home Insurance Ireland | Get up to €50 off | An Post Insurance
Beside this text was a call-to-action button which said, “Learn more”.
Complaint
The complainant said that they had availed of the advertisers’ insurance and, after a storm, they had tried to claim for damage to a hedge caused by a fallen tree. They said that the claim was refused as they were told that the insurance did not cover this unless the fallen tree had caused damage to a building.
They believed the advertising to have been misleading as it depicted a fallen tree that was, in their opinion, not near a building.
Response
The advertisers responded that they did not believe that their advertising had been in breach of the ASA Code. They said that the purpose of the advertisement had been to provide a general illustration of the type of unforeseen events which their insurance may cover and that this included damage caused by fallen trees. They said however that this did not imply that all damage caused by fallen trees would be covered in all circumstances and that the advertisement did not depict damage to a hedge.
They went on to say that a customer who had availed of a home insurance quote would have been provided with a Statement of Fact and a link to the relevant Home Insurance Policy Booklet of the two insurance providers who had underwritten their home insurance products.
The advertisers provided the relevant extracts from these two policy booklets: –
Extract of Policy Booklet of insurance provided 1
‘Events insured
We will provide cover for loss or damage to your buildings and contents in your home caused by the following:
4. Falling trees or branches
Exclusions
We will not pay for the excess shown in your schedule or for loss or damage:
• to trees or the cost of removing fallen trees or branches;
• caused by tree felling or lopping operations;
• caused by falling trees or branches unless the home is damaged at the same time.
Extract of Policy Booklet of insurance provided 2
8. Falling objects
What your policy covers
Your policy covers loss or damage to the premises caused by the following falling objects:
• trees and branches;
• external television/radio aerials;
• masts;
• satellite dishes.
Your policy also covers the cost of removing fallen trees which result from an insured event.
Your policy does not cover loss or damage
• caused by felling of trees or lopping of branches;
• to hedges and fences.’
The advertisers said that since the complainant would have availed of a product the terms of which clearly stated that the type of damage they had attempted to claim for was not covered. Therefore, the advertising could not have been said to have been misleading.
Conclusion
Conclusion:
Complaint Not Upheld
The Complaints Council considered the detail of the complaint and the advertisers’ response.
The Council noted that the advertising had featured a fallen tree with houses in the background and had invited readers to ‘find out more about our home insurance’. No imagery of hedges was included in the advertisement. They also noted that the advertisement had stated “TCs apply”.
In the circumstances, the Council did not consider that the advertising was misleading on the basis suggested in the complaint.
Action Required:
No further action required.
