Freeholder not allowing a claim

Mrs_pbradley936

I have a flat and the buildings insurance has a block policy paid via monthly service charge. I have a problem but the Freeholder is not allowing the claim to proceed. They are the "principal". They are not giving a reason simply saying the broker says xyz. Do I have any redress?


The insurance company are not yet involved and I cannot access them.

Quentin

You need to either give more details for people to try and help, or if you don't want to get legal advice from a solicitor.

Mrs_pbradley936

Quentin wrote: »

You need to either give more details for people to try and help, or if you don't want to get legal advice from a solicitor.

What would you like to know?

[Deleted User]

Why can't you "access" the insurance company? What does your contract say about this insurance scheme?

Quentin

Mrs_pbradley936 wrote: »

What would you like to know?

The details behind your OP


eg:

What is the incident you want to claim for.


Why do you think it's covered by the freeholder/his insurance


What has the broker to do with the claim (and what is xyx)

smifffy1989

Principal is essentially the person who is insured. You are a third party therefore present a claim to the principal suggesting they should let their insurance company know ASAP.

Imagine someone crashing into your car and them then saying you cannot claim against their insurance - it wouldn't happen.

Mrs_pbradley936

smifffy1989 wrote: »

Principal is essentially the person who is insured. You are a third party therefore present a claim to the principal suggesting they should let their insurance company know ASAP.

Imagine someone crashing into your car and them then saying you cannot claim against their insurance - it wouldn't happen.

I promise you that is exactly what has happened. Read on I am answering another post and all will be revealed!

Mrs_pbradley936

I own a flat within a block and pay for buildings insurance via the service charge. The flat is let and the tenant is bring a claim for liability because a radiator fell off the wall and injured their leg.


I had a solicitor's letter and passed it on to the insurance broker as advised by the management company. They came back and said that they considered it to be a matter of contents rather than buildings. I then rang the broker that sorts out the contents and he is adamant that radiators are not contents but are buildings.


I am not wanting to claim for radiator repairs someone else is bringing a liability claim. However the "principle" is refusing to allow the claim to proceed under the guise of it being contents.

agrinnall

So not really anything to do with the freeholder then, it's the advice he has received from the broker that he's acting on.

To get any further on this you'll have to explain what sort of radiator it is and what type of attachment to the wall it has.

Mrs_pbradley936

A ordinary radiator that was installed when the flats were built about 10 years ago attached to the wall with unremarkable brackets i.e no different to any of the others and they did not fall off the wall!


Although the tenants did painting/decorating could they have disturbed it? If so is that relevant?

Bantex_2

Unless this was in a common area, it would not fall under the freeholders insurance. Your landlords insurace mey cover it if some liability can be shown.