The Insurance Ombudsman upheld a complaint from a student on a J1 visa in the US, who slipped on a wet floor in the bathroom of his apartment and severely injured his left hand on a shattered mug that was already on the floor.

He was brought to the local hospital where extensive surgery was necessary. Blood tests were taken which indicated an alcohol intake and the insurer refused to payout.

It claimed the policy contained a general exclusion clause, which said it would not pay out in the event of the insured person being under the influence of drugs or drink.

However, the student argued that in an earlier section of the insurance certificate, under the heading "Your Questions Answered", the insurance company had said that there was "no problem taking a drink".

Ms Gill found there was a conflict between the two clauses and sided with the complainant.