Time limit for restrospective claim - flood damage to cavity wall

Wol2

Hi All

In short - massive flood event July 2007 to my house (18" inside) . Insurance company paid to rectify (4 year nightmare that went terribly pears-haped but not relevant to the question here).

Cavity wall insulation was present at the time of the original flooding event but was NEVER assessed/addressed.

Recently, a friend of mine in local housing, (owing the Dec-Feb storms this year), had her "soaked and now ineffective" cavity wall insulation replaced as, owing to the ingress of water, it had failed.

a) What is the limitation of claims for flood issues (is it 6 years/more or dependent upon the individual policy?)
b) Can anybody suggest on what grounds I may be able to get the cavity wall insulation replaced by the insurance company as it completely explains the massive "cold sink" in the dual aspect study and the doubling of my monthly duel fuel DD since the flood occurred?

Thoughts appreciated.

xxxx

P.S. I realise this may be a long shot! xxx

oldbaldman

Was your claim settled "in full and final settlement"?

obm

Wol2

Hi obm - thanks for replying.

The claim was finally settled via the Ombudsman in August 2012 following a complaint abut the poor standard of reinstatement works - when I signed a document to accept the final FOS ruling so can only presume this was F & F Settlement?

Throughout the claim(s) the issue of whether cavity wall insulation needed to be replaced was never mentioned and it has only recently come to my attention.that perhaps this should have been addressed at the time?

Just as the house was about to be signed off as dry in Jan 2008, there was another flood into the sub-floor void via the airbricks. This was treated as a second claim that was then joined to the first. Instead of a further drying out, I agreed to fill the void with concrete and remove the airbricks altogether (as part of flood protection works I personally paid for), which meant, I was told, that the reinstatement work already specified/tendered for as part of the claim could progress without further delay/drying.

I know life is a learning curve - I just wish I'd known then what I know now!

TSx

There is a six year time limit generally for taking action to recover the money in court, and also to take a complaint to the ombudsman. The ombudsman may treat it favourably though on the basis you didn't know you had a complaint to make, until you saw what had happened to your friend.

Before you can do any of this, you would be better placed to get an independent report confirming what the damage is and if it is likely to be from the flood in 2007. You can then contact the insurer with this evidence and ask them to reopen their claim, if they refuse to do so, you can ask them to treat it as a complaint and issue a formal decision letter so you can escalate to the FOS. You would need to stress that it is not the same issue as your previous complaint, and that you have only realised of the damage recently.

Some insurers will be more obstinate than others, so you are relying on some luck, and possibly a favourable adjudicator at the FOS - but it's worth a try.

Any 'full and final' settlement with the FOS would have been in relation to that complaint only.

Wol2

Many thanks for identifying a clear pathway going forwards.

I'm going to give it a try! Toddles off to identify suitable company to provide independent report.

xxxx

oldbaldman

Hi Wol2,

For my benefit can you please clarify, is "FAFS" only ever applicable to any "known loss" at that time? So, if another matter comes to light later on, as in this case, which could not have been known or was not known to any party at that time, it can be reinvestigated and assessed and further payment obtained?

obm

FlameCloud

Wol2 wrote: »

Many thanks for identifying a clear pathway going forwards.

I'm going to give it a try! Toddles off to identify suitable company to provide independent report.

xxxx

I'd recomend avoiding anyone claiming to be a damp specialist. Most of them would be able to (allegedly) find rising damp in a house in the middle of the Sahara and recommend a full tanking system.

You would ideally need a chartered surveyor to have a look.

Wol2

oldbaldman wrote: »

Hi Wol2,

For my benefit can you please clarify, is "FAFS" only ever applicable to any "known loss" at that time? So, if another matter comes to light later on, as in this case, which could not have been known or was not known to any party at that time, it can be reinvestigated and assessed and further payment obtained?

obm

HI OBM
I will need to check the small print - which on a practicable level means I need to find the old docs in the loft. Bear with me please - i will get back to you on this.

I can see where you are going with this and understand the potential significance.

Kind Regards
xxxx

Wol2

FlameCloud wrote: »

I'd recomend avoiding anyone claiming to be a damp specialist. Most of them would be able to (allegedly) find rising damp in a house in the middle of the Sahara and recommend a full tanking system.

You would ideally need a chartered surveyor to have a look.

Ta muchly - know a good RICS I have used previously.

xxx