Freeholder not allowing a claim

Mrs_pbradley936

Bantex wrote: »

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.

Why not? Part of my service charge is contributing towards the policy and it says that there is £15,000,000 in liability cover. Plus I am not able to opt out of the block policy.

Bantex_2

Mrs_pbradley936 wrote: »

Why not? Part of my service charge is contributing towards the policy and it says that there is £15,000,000 in liability cover. Plus I am not able to opt out of the block policy.

Because the incident happened inside your property, which is your responsibility.

Mrs_pbradley936

Bantex wrote: »

Because the incident happened inside your property, which is your responsibility.

So if I can never claim for liability, why is it mentioned in the policy? I have never been informed that I have no cover for liability under this policy that I contribute to. Plus when there have been water leaks in neighbouring flats they have been sorted out and yet they have happened inside the owners property.

ChumpusRex

Bantex wrote: »

Because the incident happened inside your property, which is your responsibility.

Except, the buildings parts of the OP's property is covered by the block policy.

If a pipe burst and damaged the walls, then that is a perfect example of what the block policy will cover. Same with a window falling out onto the street and hitting someone, or a radiator falling off the wall and ripping a chunk out of it.

As to the OP's problem, if they have LL insurance with legal cover, they may want to get advice from their legal advisers.

Bantex_2

ChumpusRex wrote: »

Except, the buildings parts of the OP's property is covered by the block policy.

If a pipe burst and damaged the walls, then that is a perfect example of what the block policy will cover. Same with a window falling out onto the street and hitting someone, or a radiator falling off the wall and ripping a chunk out of it.

As to the OP's problem, if they have LL insurance with legal cover, they may want to get advice from their legal advisers.

Most freeholders insurance will cover something like damage done by a window, a roof tile or commom drainage.
It is unlikely to cover items such as internal fittings in individual flats.
May have a claim if the radiator is part of a shared heating system which is maintained by the freeholder though though.

smifffy1989

Bantex wrote: »

Most freeholders insurance will cover something like damage done by a window, a roof tile or commom drainage.
It is unlikely to cover items such as internal fittings in individual flats.
May have a claim if the radiator is part of a shared heating system which is maintained by the freeholder though though.

I think it is difficult to comment without having the policy. I would request a copy of the policy which I believe you would be entitled to and then ask them to forward your claim onto the insurance company and request a final response from them. A broker cannot turn down a claim, they are an intermediary and they should pass your claim onto the insurer regardless.

Do you have landlords insurance? Or perhaps legal expenses insurance on your house or car? Sometimes that can assist worth calling them up and seeing if they can help.

rs65

Mrs_pbradley936 wrote: »

So if I can never claim for liability, why is it mentioned in the policy?

What does the liability section actually say? Something like, we will cover you for .....

Who is the policyholder in the policy?

Mrs_pbradley936

It says


We will pay damages and claimants’ costs and expenses for which you are legally liable in respect of:
1 accidental injury to any person (other than an employee where such injury arises out of and in the
course of the employment)

Bantex_2

Mrs_pbradley936 wrote: »

It says


We will pay damages and claimants’ costs and expenses for which you are legally liable in respect of:
1 accidental injury to any person (other than an employee where such injury arises out of and in the
course of the employment)

Was the injured person employed by the freeholder?

Mrs_pbradley936

Bantex wrote: »

Was the injured person employed by the freeholder?

No they were not.


By "you" they mean anyone mentioned in the schedule. The policy holder is the Freeholder and the schedule says them, the management company all lessees and/or tenants.


This policy notes the interest held by all parties including the Lessee(s), Lessor(s), Owner(s) and Mortgagee(s).