Legal expenses cover query, qualified and then not! "Arc legal".... any help?

xenon888

Hi All,
I'm new, not sure if this is in the right section, its insurance/legal in nature. Had a neighbour dispute, went to mediation last year, but they have now breached it. Through my home insurance I have legal expenses and they said it qualified in the terms to be assessed, they have on Friday now come back and said they have revisited that decision and it doesnt qualify under the terms now and so they wont even assess it. They also say on papers for 9 weeks!
They have now said if I dont agree I have to get and pay for a lawyer of my own to reassess it and bring it back to them.
They claim it doesnt affect my rights to protect my property now, when initially they said it did. I had sought to use another law firm not the one who was doing the assessment, I guess that is something I should not have mentioned until after the assessment even though it asks you?
It seems like the insurance is pointless if never qualifying for cover? Let alone their merits assessment.
Any advice? 

Sandtree

Was the initial dispute resolution covered by insurance or did you self fund that and now just want help with the breach of the mediated agreement?

You will find many solicitors who don't sit on an insurance companies' panels would fully agree with you. There are the three hurdles you have to pass, is the issue under the terms of the policy, secondly is the 51% chance of success (and the issue of gathering evidence to support the assessment) and then if the likely cost for recovery is proportional to the damages sort.

I personally find it useful to speak to the paralegals on the advice line and so don't mind legal expenses being bundled into home insurance but wouldn't pay extra for it any more. Motor is slightly different.

Ultimately its insurance, log a complaint and escalate to the FOS if you are unhappy with their final response.