BIG problem with tesco home insurance!!!!

kayla

can somebody give me some advise???? we had a leak in our kitchen floor from the washing machine which meant they needed to replace the floor, a corner unit and the worktops. tesco insurance appointed a company called LAS who then appointed the drying firm and builders. anyhow the builders came in after drying and replaced my floor and did a good job however they then took out the work tops and started to replace them. as they were replacing them they broke my tiles, now these tiles are very old and the builder said it would be very hard to get a match and would need them all replacing. the tiles were not originally put on a sound wall (which i didnt know as they were there when we moved in). tesco insurance are not accepting liability and wont replace the tiles because it says in the policy " we will not pay for the cost of replacing or repair to any undamaged items soley because they form part of a set, suite, group or collection of items of a uniform design, nature or colour." i think this is wrong as the builder broke them not me. i am now left with a hole in the wall and broken tiles!! please help, surely someone should take responsibility!!!:mad:

InsideInsurance

The issue will depend on if it was impossible to remove the worksurface without damaging the tiles or if it was possible and it was the builders negligence that caused the damage.

If it is the former then it is a claim under your policy and so its T&Cs would stand.

If it is the later then the "claim" is not made under your policy but instead against either the builder (or their PL insurance) or against the insurer as the company that appointed the builder (indirectly). As such your policy wording doesnt make any difference.

I'd speak to Tesco's again and clarify what their position is on which of the two this is being treated as.... naturally you should be pushing for the later.

kayla

they removed the old work surfaces without breaking them it was only untill they put the new ones in that they broke. i have phoned tesco, LAS and spoke to the building company and they are all passing the blame. i am sick of playing tennis over the phone with different companys!!! they sent me another letter which i recieved today and told me if i wasnt happy to write to the managing director of tesco underwriting and if im still not happy, contact the FOS.

kayla

i also dont understand what you mean by "former" and "later".

dazza.mk

InsideInsurance sould have meant the below

InsideInsurance wrote: »

The issue will depend on if it was impossible to remove the worksurface without damaging the tiles

Former

InsideInsurance wrote: »

or if it was possible and it was the builders negligence that caused the damage.

Later

InsideInsurance

If it was possible to do the claim repair without breaking the tiles and therefore is the negligence of the builder you can chose which of the three to go after.

Given with the insurer you have the largest claim as they are the one you hold a contract with plus you get the protection of the FoS if you are unable to resolve the matter directly with them your best bet is to go after them.

I personally would most likely send a letter to them headed as "formal complaint" and articulate that their builder caused damaged to your property whilst repairing your kitchen. As this is a claim for negligence from their appointed supplier the policy limitiations are therefore irrelevant. You require them to do X and you request that they send you a written final response as you intend to take the matter to the FoS if you do not get an acceptable resolution to the matter.