secondary flooding

amym

Hi

Does anyone have any help/advice regarding secondary flooding??

We moved into our house days after the floods in 2007 and then found we had secondary flooding. Our insurance company told us to claim off the previous occupants insurance, who duely refused liability. Lloyds of London have stated that its not our insurance companies liability, and we are awaiting a response from the financial ombudsman, in the next 2 months!!

I now feel completely defeated after living in the house for well over a year with the mould/smell/damp.

I'm willing to get a solicitor involved, but who am i fighting against?? Our insurers or the previous?????

Quentin

Did you get any mention of this in your survey? It may be your surveyor you are "fighting against". Though they won't be liable if not specifically requested to investigate any flooding.

It won't be your insurer if the flooding that caused this problem predates the policy you took out when buying the house.

As you suggest, talk to your solicitor, as there may be something in the conveyance where you were mislead - otherwise prepare that you may be advised there is no-one liable, and you'll be faced with paying for the repairs yourself.

Kittian_the_Blue

Given that you moved in shortly after the floods occurred it's unlikely that it was something that should have been picked up in the survey - I guess the survey was probably done before the flood.
Your seller's household insurance cover should provide cover for losses that occur in the period between exchange and completion - I suggest you speak to your conveyancing solicitor to see what was in place and then decide how to take it forward.

amym

Thanks. The survey was done before the flooding, I then visited the house two days after the floods and was told by the vendors that only the garden had been flooded - obviously the water had to come back up somewhere and it has!!!!! I agree that the vendors insurance should cover the costs, however, they've spat their dummies and are refusing. Lloyds of London agree its not our insurance, as the policy wasn't in force when the waters came. I'm currently trying to find a solicitor to help, and have called on my local councillor.

Its just so downheartening what with the lovely mould everywhere .... food in cupboards even goes mouldy ... and the smell!!! We're used to it now I guess but we cant invite people round. We've not been able to decorate, and there's no pictures hung. I'm just so fed up with it!!

mattymoo

Did you not put any cover in place effective from exchange to completion?

Date of loss is the critical point. Did that occur between exchange and completion or after completion?

amym

Cover was in place from 29th June - the floods were on the 25th, and we exchanged/completed on 4th July.

I'm starting to think we dont stand a chance and may have to find the near on £40k ourselves!!!!!

mattymoo

Okay, there would have been no expectation for you to have cover in place. That is normally only done from exchange of contracts.

So it has to go back to the vendors insurer. Only problem is, I suspect they will not deal with you since you are not their policyholder.

It would need a legal opinion (which nobody could really give here) but I suspect the vendor and their solicitor should have disclosed the damage when exchanging contracts. The house you viewed was not in the same state when you bought it. Could this be used as leverage?

Your current policy may well have a legal advice line you can call to get advice.

amym

We have been told by Lloyds of London and the Financial Ombudsman that its not our insurers liability, but unfortunatley neither agencies can enforce the previous insurers to pay, which I find highly ridiculous!!

Trying to find a solicitor to help is also proving hard to do, although I'm not giving up on this, there must be loads of people in the same situation and I think my next step is to place an ad in the local paper to see if that generates any feed back.

kem_3

Hi
I am in the same boat as you. My house wasn't actually flooded, as it never seemingly came into my house, although now, a year and more after, there are big signs of secondary flooding. My insurer that i have now (at the time of the secondary flooding being found) has said that they are not liable because the policy was not in place at the time of the flooding in the area
I was wondering how you got on in the end?

sim11

The insurance company that was in place at the time of the event is liable. Just like if you had change providers the same week the policy that was in place at the time of the event would have to pay out. not the new policy.

dogbot

I have never bought a house, so speak from relative ignorance here, but wanted to put this thought out there:

Surely the liability actualy lies with the seller of the property? They have essentialy sold you a house that was damaged in a way you did not know about/did not expect. They therefore need to pay for the damage, though in fact will pay for this by submitting the claim to their insurer?

Or is the problem the fact that the flood came in before exchange and completion, so you should not have gone through with it? I think sim11 is partialy correct, but that the real issue here is with insurable interest. The OP had no insurable interest on the property untill they took ownership, and so had no insurable interest at the time of the flood. Clearly, the previous owner's insurance is liable for the damage, but can that previous owner be forced to make the claim?