A claim for the repatriation of a deceased tourist was handled in an insensitive manner by a travel insurer who used "hearsay evidence" in its decision not to pay out.
The tourist, a UK citizen, died while on holidays in Spain and a claim for the cost of repatriating his body was made to the Irish insurer.
The cause of death recorded on the death certificate was cardio-respiratory failure and no secondary cause of death was listed.
But the insurer rejected the claim on the grounds that claims that arose from the insured being under the influence of alcohol were excluded.
The insurer had used witness statements from the tourist's companions and staff from the hotel where the tourist had died to support its assessment.
It did not submit any autopsy report, coroner's report or toxicology report and did not cite any medical authority in its initial rejection of the claim or in its submissions to the ombudsman.
The handling of the claim by the company was "totally incorrect and highly insensitive to say the least", the ombudsman said.
He ordered the insurer to pay the £4,000 repatriation expenses that were due to the funeral assistance company, plus interest that had accrued on the debt. He also awarded the next of kin £500 for the distress caused.
