Buildings insurance claim dispute - help!

wayneuk_2

I wonder if anyone can advise me on the following.

I discovered damage caused by a leak at home a couple of weeks ago. The leak is from a bathroom directly above the affected room. However, the affected room is not a room I ever go in (it can be 2 months at a time without going in the said room).

The leak was discovered on a Sunday, I informed the insurers on the following Monday.

They have since sent out their contractor to asses the damage, photograph it etc.

I have just had a call from my insurers telling me they are refusing the claim as it is apparent from the pictures that the leak has been ongoing for some time.

I have explained to them (again) that as soon as I realised the damage, I reported it to them.

As far as I am aware, there are no clauses in my insurance, or any others(?), which state a room in the house must be entered at least every X number of days.

Can anyone advise me as to where I stand on this?


Any advice will be much appreciated.

Cheers
Wayne

regularsaver1

I think they think the leak was known about before

what have they said in response

wayneuk_2

At first they doubted me for not using the room, I then explained the reasons why it doesn't get used.

The operator on the phone actually agreed with me, but said it was her manager's decision and that she would speak to him then call me back.

No return call happened, so I'm guessing nothing has changed.

regularsaver1

Are you able to put something in writing

gyzmo

Seems a bit strange if the assessor is agreeing with you but has someone overriding him (her). Their job is to assess and report. an insurer should not refute their report without good reason.

They could argue that you have not mitigated losses by not reporting it sooner and allowing the damage to deteriorate, but I think that is a stingy excuse given your reasons.

I feel that you may have a fight on your hands. Ask for a detailed reason before taking further action.

wayneuk_2

They came up with that argument on the phone regarding mitigating the losses, and I explained to them that as soon as the damage was noted, a call was then made the following working day.

The assessor that came round didn't pass any comment whatsoever, he just did his measuring and photographing part.

Another annoying factor is that when I made the initial call, I explained all of the circumstances and was told on the phone that it wasn't a problem, I'm covered for everything apart from the cause of the damage (IE The leak repair).

Secondary to this, the plumber they sent round to have a look actually said that there was no way on earth we could have realised that the bath was leaking due to the fact of where it was leaking.

The only exlusions I can see in the schedule are that the property cannot be vacant for more than 60 consecutive days. There is no mention of individual rooms within the property.

It supposedly a reputable company I'm dealing with too.

gyzmo

I can see their point, but it may be worth taking his further. did they register a complaint when you called? They should have.

I would certainly write in to them, and take their response to a solicitor. get their opinion, and if it agrees with you, then, and only then contact the FOS to take it further.

they should not have agreed to the claim in the first place if it was a problem. But then again, I suspect it is a call centre. My views on these monstrosities are known through my previous posts.

wayneuk_2

Nope, no complaint registered by them when I called.

It was all "no problem" aside from the cause of the leak. They explained it all pretty in depth to me, it wasn't even a throwaway comment by them.

houseboatdream

Hi Wayne

Have you only taken out the policy recently or have you been insured with this company for a few years? If your policy is of "recent inception" they may be thinking that the damage occurred before you took out the policy.

I'm afraid this is how they think (I'm an industry insider). Lots of adverts and low premiums to attract you to change Insurers but they don't really like it if you're not loyal and change every renewal and then have the nerve to make a claim!

Also, how bad is the damage? Does the fact that this leak has occurred over a few weeks actually make any difference to the amount of repairs needed? If the ceiling needed to be replaced after the leak on day one, has the fact that there were subsequent leaks on days 2,3 ,4 etc actually made any difference?
If there is no increase in the amount of damage then the delay in discovery has not prejudiced their position.

Don't take any !!!!!! from a call centre, speak to a supervisor and put your complaint in writing.

regularsaver1

You do not have to make a complaint in writing with any company - you can make a verbal complaint

i was on about writing before - with an explanation

wayneuk_2

Hi Houeboat

I've been with this company for approximately 5 years without a single claim.

Regarding the damage, I would say 60% of it would have occurred on day one with the remainder due to the leak being ongoing.

What I'd really like to know however is does the insurer have any right to reject the claim based on the fact that the room isn't entered on a regular basis? Hopefully as an insider you can shed some light on this?

All advice is greatly appreciated.