FOS rules that volcano claim comes under 'poor weather conditions'

The Financial Ombudsman Service (FOS) has refused to refer a travel insurance dispute on whether last year's volcanic ash cloud was the result of "poor weather conditions" to the court as a test case.

The case, brought to the Ombudsman by Ms B, claimed that the disruption caused by the volcanic activity consitituted a weather related event and was therefore covered under the policy.

The insurer involved argued that "weather" is commonly understood to refer to atmospheric conditions relating specifically to heat, wind and water precipitation in its various forms. The mere fact that a substance was in the atmosphere was not a question of weather, it added.

In December 2010, however, Ombudsman