Shower leak - Insurance will not cover

heavenlyharry

Hi there

We have had a leak in our shower which has caused some ceiling to come down in the kitchen below after my husband saw a wet spot and pushed it with his finger.

After having a assessor round it has been discovered that it is from poor sealent around the shower corner, which the insurance will not cover as its a maintence issue.

We understand that this is in the terms and conditions of the policy, but what we are frustrated about is the fact that the placement of the shower means that the leak has been soaking into the joists and only recently became so bad it showed on the ceiling below. Up until then, we had no idea that the shower has leaking.

We have had a structual engineer round and he has confimed that the joists are unsafe and need replacing. In his letter he has also stated that due to the placement of the shower there would have been no way for us to have known the shower was leaking and in his experience this would be classed as an escape of water and be covered by most insurance companies.

We have complained to the insurance company who have upheld their decision and we are now taking it to the ombudsman.

The insurance company have agreed to pay for the damage to the kitchen ceiling a they say my husband putting his finger through was an accident, but not the joists as they are part of the bathroom floor.

Do we stand anywhere with the ombudsman or fighting a loosing battle??



We are getting quotes for the kitchen ceiling. One building said that to do it properly the whole ceiling should be re-plastered and re-painted, and possibly a re-paint of the kitchen. The kitchen is large and on the phone the insurance company said if they feel the quotes art too higjh they will send out their own assessor to quote. But obviously we want it done properly and not just a patch job done. (although nothing can be done until the shower has been taken out and the floor/joists repaired and now we are waiting for the ombudsman!!)

Any advice would be gratefully received and I hope some of what Ive written makes sense!!

(I have posted this on another thread and here is the link if anyone wants to follow whts been said already!)
https://forums.moneysavingexpert.com/discussion/4138337

rs65

If the joists are unsafe, I wouldn't be waiting for the FOS to reply. It can take a while.

heavenlyharry

Thanks rs65 - We are awaiting quotes from a couple of builders for the work.

FlameCloud

Who are your insurers? Several give explicit instructions to adjusters that they do not consider leaks from shower seals like yours to be an escape of water within the context of their policy, and have changed the policy wording accordingly.

heavenlyharry

Our insurance company is Allianz

Thanks

somalt

Not sure if you took the policy out direct of via a broker, the policy wording I can find online defines escape of water as:
• Water leaking from water tanks, apparatus or pipes or
fixed heating installations.
• Freezing water in water tanks, apparatus or pipes or fixed
heating installations.

And it has the following exclusion:
Loss or damage caused by the failure or lack of appropriate
sealant and/or grout.
Which it appears is the basis of them declining the claim.
It does make it harder to argue at the FOS, but they might question if this was brought sufficiently to your attention.
Have you held the policy for a while or was it new?

I'd second the advise to sort out the damage in the meantime, as the FOS takes a while. Make sure you document your costs fully.

dacouch

I think it was via the AA

somalt

I've read the other thread now and they do say via the AA. Which is good news, the AA policies don't have the specific exclusion related to seals and sealants.

In the cases I have seen, the FOS don't tend to support declinatures based on the damage being due to gradually operating causes if the policyholder would not have been aware it was occurring. Especially as there is a structural engineers report confirming it. But, it is very difficult to predict what the FOS will do in any specific case.

heavenlyharry

Hi

Yes you are right it was through the AA.

Thank you so my for replying somalt. I guess its a case of waiting to see what the FOS decide then. We have the structual engineers letter to confirm we wouldnt have noticed the leak, and I have a plumber who is also willing to write a letter if need be.

They are declining it on

General Exclusions that apply to the above policy:-

(1) Loss or damage arising from gradually operating causes including deterioration, wear and tear, corrosion, rot or similar causes.

SallyG

Are insurers in effect refusing to insure showers?
How can you know about a shower leak until you see the damage on the downstairs ceiling?
Are any showers guaranteed leakproof - Lloyds Class 1 showers?

magpiecottage

That seems to be a misapplication of the term.

It would would, for example, mean that if the leak had been caused by corrosion of the pipe then the policy would not pay for its repair - but not for damage consequential on that leak if it was not immediately apparent.