Need advice house insurance refused 81 year old man dying of cancer!

Mojisola

kesaluner wrote: »

the whole estate was built by the same builder. Does that make all of the houses in that estate uninsurable?

As the insurance company's decision could affect a lot of people, try contacting the local paper or radio station.

shaun_from_Africa

kesaluner wrote: »

They said not enough brick ties covering the skins of the wall and the cement was too sandy when the house was originally built

Unless your uncle was in a position to know that the wall wasn't built to the required standard, I can't see the Financial Ombudsman siding with the insurance company over this.

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/46/46_non_disclosure_insurance.htm

For example, ICOB Rule 7.3.6 provides that:

an insurer must not:
1.unreasonably reject a claim made by a customer;
2.except where there is evidence of fraud, refuse to meet a claim made by a retail customer on the grounds:
1.of non-disclosure of a fact material to the risk that the retail customer could not reasonably be expected to have disclosed;
2.of misrepresentation of a fact material to the risk, unless the misrepresentation is negligent

kesaluner

marliepanda wrote: »

There are many ways to get access to his money - not being able to sign his signature means absolutely nothing.

This doesn't make much sense.

Bricks in front of a door making access difficult? You can't move bricks?

The point here is not about his money is a man who lived in a house 60 years paid insurance for all those years now needs it and they tell him that he cant is wrong... so wrong...

Of course luckily he has us all to look after him so we will move the bricks...

I want to know has anyone had problems like this with aviva before? and if so how did it turn out for them?

shaun_from_Africa

Provided that either your uncle or family can afford it, I think that the best thing you could do would be to get emergency or full repairs carried out then put in a complaint to the Financial Ombudsman.
http://www.financial-ombudsman.org.uk/consumer/complaints.htm
Once they get involved and contact Aviva you might find that they change their mind and decide to cover the cost.

DCFC79

Maybe look at getting a second opinion from a surveyor.

LABMAN

If the insurance co. is denying it's covered and never has been I suggest you request they return the premiums paid?

naedanger

kesaluner wrote: »

They said not enough brick ties covering the skins of the wall and the cement was too sandy when the house was originally built

Presumably anything that gives way in storms/high winds will be due to some weakness somewhere. They can then always say the weakness was either due to bad initial build or bad maintenance. That would obviously be a ridiculous position as it would mean they were never covering that peril. If the property has survived 60 years that seems to me like strong evidence for saying the property was built to an adequate standard. (Has it had any surveys in that time? If so did they reveal any problems with the way it had been built?)

(If there were no high winds at the time then they do have a point. In other words if the collapse just happened through old age then that damage would not be covered by insurance. If they are claiming wear and tear then get information on the weather at the time to support your claim, and/or evidence of other damage in the area.)

All I can suggest is you (or your uncle/father) do what you already plan i.e. take your complaint to the Ombudsman. Make sure you put your case in writing and ask for their official complaints procedure and follow it.

Unfortunately it will take time.

neilmcl

kesaluner wrote: »

Its not my dad its my uncle!!

Apologies, I misread, but does that really make a difference. He's still a family member.

As a poster mentioned earlier, surely the priority right now is to make the house habitable and secure again, and worry about the insurance side later.

naedanger

neilmcl wrote: »

Apologies, I misread, but does that really make a difference. He's still a family member.

As a poster mentioned earlier, surely the priority right now is to make the house habitable and secure again, and worry about the insurance side later.

I can see why you would have posted what you did when you thought the OP was letting his terminally ill family member work on the problem.

However now you realise you mis-read surely it makes a big difference. (The criticism you first made isn't valid if his father is capable of working safely, and you should leave your apology unqualified by the "but does it make a difference" etc.) His father was basically doing what you advocate in your second paragraph.

hollydays

The worst insurance company I've ever dealt with was Liverpool Victoria, it wasn't them was it ?