A traveller who could not explain how her laptop disappeared has won a claim dispute after the industry ombudsman found there was not enough evidence she left the device unattended.

The claimant discovered her Microsoft Surface laptop and sleeve bag missing after a bus trip in Portugal last year. She told police she had kept the device on the seat next to her during the journey and became aware of its absence only when she reached her hotel.

Travel insurer Tokio Marine & Nichido Fire Insurance denied the woman’s claim, finding the laptop was either abandoned or left unattended – neither of which were covered by the policy.

But the Australian Financial Complaints Authority has taken a different view.

The traveller was awake and alert throughout the journey, from about 9pm to 12.25am, and had collected her other valuables before leaving the bus.

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AFCA considers it “highly unlikely” she would have left the laptop behind.

It says there is another possibility: the laptop could have accidentally slipped out of her possession after she disembarked.

With no evidence establishing exactly how the laptop was lost, AFCA finds the complainant has established a claimable loss on the balance of probabilities, while the insurer failed to demonstrate that a policy exclusion applied.

The insurer has been ordered to accept the claim, pay interest and provide $500 compensation for non-financial loss.

AFCA concludes the insurer’s claim handling caused considerable inconvenience and distress to the complainant, especially due to her “personal circumstances”. The insurer “was not sensitive to her needs during a period of vulnerability”.

See the ruling here.