Only if there's a genuine reason — otherwise it's a breach of a statutory duty, not just poor service.
Not without a genuine reason. Since May 2017, insurance contracts carry an implied statutory term requiring insurers to assess and pay valid claims within a reasonable time, under Section 13A of the Insurance Act 2015. This sits alongside the Financial Conduct Authority's own rules, which require insurers to handle claims promptly and fairly, give reasonable guidance and progress updates, and not unreasonably reject a claim. A months-long wait isn't automatically unlawful — but it needs a real justification, not just inertia.
| Factor | How it's weighed |
|---|---|
| Type and complexity of the claim | A straightforward claim should move faster than one requiring detailed investigation |
| Compliance with FCA guidance (ICOBS) | Following the regulator's own standards supports a delay being reasonable |
| Factors outside the insurer's control | E.g. a third-party parts supplier being slow — genuinely relevant, but doesn't excuse the insurer from chasing it |
| Delay caused by you or a third party | Can be a valid factor reducing the insurer's responsibility for the overall timeline |
| Periods where the insurer could have acted but didn't | Gaps where nothing happened, with no external cause, weigh heavily against the insurer |
ICOBS 8.1 requires insurers to handle claims promptly and fairly, provide reasonable guidance to help you make a claim, give appropriate information on its progress, and settle claims promptly once the terms are agreed. The Financial Ombudsman Service applies these rules constantly in real complaints, and has repeatedly found against insurers for gaps in a claim's timeline where nothing was actively being done to progress it, even when some individual delays (like a parts backorder) were genuinely outside the insurer's control.
If your insurer is genuinely disputing whether your claim is valid at all — not just how much to pay — the delay-while-disputing generally isn't, by itself, enough to support a claim for damages, provided the insurer can show reasonable grounds for the dispute. But any part of the claim that isn't in dispute must still be paid promptly, and if the insurer eventually accepts the claim was valid all along, unreasonable delay in getting there can still be challenged.
Use Kibbo's Insurance & Claims tools to build a timeline and draft your formal complaint.
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