EON Contractor damaged my kitchen fitting a boiler. Should their Liability Insurance cover it?

CCCC

We had EON fit our boiler back in March (before lockdown) using a plumbing company they nominated. They removed the old boiler from our kitchen and installed the new one in the loft.

Everything went well until the plumber, who was a very nice guy btw, dropped his cutting tool on our brand new (fitted 3 months earlier) kitchen worktop.

His tool broke straight through the surface of the worktop and left a semi-circle dent about 9cm x 5cm.

I know accidents happen, and like I say the plumber was a nice guy, but obviously the damage caused needed to be rectified.

Lockdown happened and we were delayed until August and then finally EON got in touch to work this out.
They offered a repair, but we said it wouldn't be possible due to the complex design of the worktop. They insisted another 3rd party company they have dealt with can do it, so we said ok if they guarantee it for 10yrs, they agreed.

The repair guy came, laughed and said there is no way to replicate the pattern in the worktop so it can't be repaired. So he rejected the job after driving 50 miles on a Saturday morning for nothing.

I told EON the outcome of the expert's opinion, whilst for the 100th time saying they need to fix this through insurance so an assessor can be appointed to itemise everything that needs doing to fix this. It's not just removing and refitting a worktop, it means pulling off upstands, which will break plaster and paint, also remove an induction hob and glass sink and tap etc etc. Then afterwards everything needs refitting and redecorating.

But EON refuses to even acknowledge my request for this to be repaired through insurance. I've asked then outright "why are you not arranging for an insurance company to deal with this?" and they never answer me, they just dodge the question every single time.

So where do we stand here?

I'm going to speak to Citizens Advice and Trading Standards to see if they can advise us on how this can be done properly.

I run a business where I must have valid Liability Insurance for times like this, so why are EON and this plumbing company not forced to do the same?

If anyone can offer an insight into this situation, or has any advice I'm all ears.

TIA

Aylesbury_Duck

Have you spoken to your insurer about the possibility of a claim, and they pursuing EON for the cost?  It might generate some action.

Sandtree

There are exceptionally few companies that are legally required to hold Public Liability insurance, horse riding places are one of the few that I know of. There are plenty of times where companies are contractually required to hold it but thats a different matter. Makes me slightly curious as to what line of business you are in.

Even if a company is required to have insurance there is rarely a way to force the insurer to step in if their client doesnt want to, the notable exceptions being Motor and Employers Liability.

The other thing to consider is the size of the excess, retentions etc corporations have... to give you an idea a certain well known global hire company has to pay the first £10,000,000 of any claim (though with aggregate limit of £100m). I have no knowledge of Eon's insurance arrangements nor could I share them if I did but I'd be very surprised if they aren't covering at least a 5 figure sum from their own pocket (possibly with an aggregate limit). When you get to big corporations the question isnt "will there be a claim this year" but "how many claims will there be". Insurance is basically estimated cost of claim x risk margin x profit margin x IP Tax  so if you know that for the last 10 years you've paid out at least £1m in PL claims per year there is no point paying an insurer to take on that liability as you'll pay £1m + all the other bits for it.

davidmcn

Whether they've got insurance or not is their problem, not yours - they're still liable for the damage they've caused. And as above, insurance may have hefty excesses, I expect any relatively small claims are met out of their own pocket anyway.

MalMonroe

Have you read this https://www.eonenergy.com/terms-and-conditions/eon-installation.html

Within which (very long document) is this -

"4. Our Liability 

4.1 Nothing in this contract shall limit or exclude our liability for death or personal injury caused by our (or our sub-contractors) negligence, fraud or fraudulent misrepresentation or any other provision which is not permitted to be limited or excluded by law. 

4.2 Our maximum liability in contract, tort or otherwise (including any liability for any negligent act or omission) howsoever arising out of or in connection with this contract and Your Installation terms and conditions (Clause 7) is limited to a total of £25,000.00 (twenty five thousand pounds)."

You really do need to chase them about this. It's THEIR responsibility. Not yours.

I am just about to switch to another energy supplier from E.ON as I have found them to be an appalling energy company to deal with, offering very low prices and then hiking them up by 150% after three months. That is not your problem but just know that I feel your pain and have also had a terrible time trying to speak to anyone about anything.

But somebody has to pay for your replacement worktop, and whatever else it takes to make it as good as it was before the nice plumber ruined it. I vote that should be E.ON. Now it's just a question of making them get on with it. Citizens Advice should help, and Trading Standards is now incorporated within their organisation so it saves you having to complain twice. Good Luck!  And don't give in. 

CCCC

Thanks for your replies everybody, very insightful, helpful and given me the impetuous to keep forcing this issue.
We'll continue with the plan we have which is to push EON on this continually until it's resolved to OUR satisfaction and not theirs, which so far has been to offer the cheapest repair they could find.
I will also be in touch with Citizen's Advice ASAP to see what they advise.
Thank you also for the link to the terms, I have had a scour through these previously and it is amusing how EON don't like it when you quote their own terms at them.