Insurance Compa Carbon Footprint

bteetotal

Has anyone else had a problem with Insurance Companies refusing to supply documentation through the old fashioned traditional way that is the post.  As a Leaseholder, I am a third party to the building insurance, they have refused to send  me a copy of the claim etc by post although I have informed them that due to extenuating circumstances involving  unsecure internet  I am unable to send/received emails or leave my property unattended. I am disabled. Any advice

eddddy

bteetotal said:

As a Leaseholder, I am a third party to the building insurance, they have refused to send  me a copy of the claim etc by post ....

Do you mean that you are the leaseholder, and the claim is on your freeholder's  buildings insurance policy? If so, you are not the policyholder.

So is the issue that they won't send you a copy of the claim in any medium, because you're not the policyholder?

Or are they happy to send you a copy of the claim by email, but not by post (even though you are not the policyholder)?


As your freeholder is the policyholder, it might be easier to ask your freeholder (or their managing agent) for a copy of the claim.


Do you want a copy because you want to dispute something?

user1977

bteetotal said:

I am unable to send/received emails or leave my property unattended. I am disabled. 

Are you unable to use email because of your disability? If so then this sounds like sending by post would be a reasonable adjustment under the Equality Act.

DullGreyGuy

bteetotal said:

Has anyone else had a problem with Insurance Companies refusing to supply documentation through the old fashioned traditional way that is the post.  As a Leaseholder, I am a third party to the building insurance, they have refused to send  me a copy of the claim etc by post although I have informed them that due to extenuating circumstances involving  unsecure internet  I am unable to send/received emails or leave my property unattended. I am disabled. Any advice

Your contract is with your freeholder so you have much more grounds to chase them than the insurer of your freeholder... they'll be able to get it via email and print and post it to you (though probably expect a charge for their efforts)

bteetotal

I am a Leaseholder and your right not the Policy Holder. The Council hold the Policy. But they took a course of action to prevent me claiming.  First had 26 leaks, with the case going on for 4 years. The insurer told me to hold out until sorted but then closed the case. Then in 2021 the insurer claimed they knew nothing about my claim from the landlord pipes onto my boiler electrics rendering my services unusable.  So this time I went straight to the insurer.   They confirmed who I was with the Council and they would pursue my claim but I was iformed that the leak came from another Leaseholders boiler but could not give a date time or answer whether it was repaired. Then kept asking me about the leak from the neighbours boiler. So I requested a copy of the claim form as they said all.claims are done over the phone and then responded via email.  I dont have access to email and said this. I wa a informed because of the carbon footprint they could do nothing, except pass mycase to a section of the department that deals with people who they are concerned about mental health and put the phone down.  So since January 9th I have been refused documents as they believe I will take the matter further

DullGreyGuy

Most classes of insurance (other than Motor and EL) are there to protect the insured and not other interested parties. They can only deal with a claim with the authority of their insured. Motor and EL are different because the law requires them to act in certain circumstances even without their insured's consent and as such most of these policy further extend the circumstances in which they can act without consent to avoid the legal fees that would be incurred to trigger the no choice. 

You claim is against the council, its purely their choice if they enact their insurance or not. The reality of owning thousands of properties in councils cases or hundreds of thousands of cars in hire car companies is that its not a question of if you'll have losses this year or not but if the losses will be £10m or £20m. Insurance is there to cover the unexpected, there is no point buying ground up cover and having to pay IPT, operating expenses and profit margin on what you know you will lose.  Many councils self insurer and just use claims management companies and hire car companies have an aggregate excess in the 10s of millions.

Your contract and rights are with your freeholder... they are the ones to be dealing with. If they dont want to involve their insurers/claims handlers they are free to decide not to. 

eddddy

DullGreyGuy said:

You claim is against the council, its purely their choice if they enact their insurance or not. 

....
Your contract and rights are with your freeholder... they are the ones to be dealing with. If they dont want to involve their insurers/claims handlers they are free to decide not to. 

So you're assuming that the OP is making a claim against the council - presumably for negligence.

My assumption was that the OP was making a claim on the buildings insurance policy for "escape of water" - so not necessarily accusing anyone of negligence.

The council would be responsible for arranging the buildings insurance policy, so the council would typically make the claim. And the council might be acting unreasonably as a freeholder, if they refused to make a claim.

But reading the OP's latest post - perhaps they should be making a claim against their upstairs neighbour for possible negligence (26 leaks in 4 years).



@bteetotal - you probably need to explain what type of claim you're making and against who. (Or maybe start by saying who you blame for the leaks and the damage to your flat.)

bteetotal

As a Leaseholder of a social rented property you can go directly to the Insurer to get assistance so long as you can prove who you are.  This was done.  The problem is that the Council do not want their social rented tenant to be subject to any challenge.   Some of the sewage leaks came from this property but it would be easier to go after the leaseholder above.   However the council have failed and have ignored my request to take action against the leaseholder also.   Over the years The Council officers have informed me that they want my property to house one of their own contractors. It's in a good spot and up and coming area and would be a good place for gentrification.  I have lived without repairs for years awaiting the Council, the Insurer etc but unable to take action due to financial constraints.  The CAB whos leaseholder advisor is employed by the Council, will not take legal action to get the matter sorted not go over the heads of those in the Council that she answers too.     

bteetotal

Yes the council can decide not to go through the insurer but that's if they are going to do the works themselves. What has been happening is that no works have been done, but charges for other properties have been charged or major works enforced,  leaving me to challenge in court the unreasonableness of this.   This has happened 4 times since 2013. The council either dropped the case or the court found in my favour.   This time I tried to go down another route but doesn't look like anyone is listening.So when I was told by this large Insurer that they can't send documents out in light of the Equality Act  I just felt that there must be some sort of collusion. So thought it would check this with other consumers before making any rash decisions

eddddy

You've written about a lot of different issues.

But maybe it's best to try to focus on the one you mentioned in your first post. It's a bit hard to follow, but I think you're saying this:

• Your neighbour's boiler leaked

• The leak damaged your flat in some way, including getting into the electrics of your boiler, which stopped it working

• Your freeholder (the council) made a claim on the block's buildings insurance for "damage caused by escape of water"

• You spoke to the insurer

• The insurer asked you for the date and time of the incident, and whether your neighbour's boiler had been repaired.

• You were unable to provide a date and time, and you couldn't say if the boiler had been repaired - so the insurer declined the claim

• (You also mention 26 leaks in 4 years)

I don't think you need a copy of the claim. I think you need an explanation of why the claim was declined.

I suspect that the reason they declined the claim was because the damage occurred gradually, rather than resulting from a single specific incident.

(For example, if the damage was the result of 26 leaks over 4 years - that would mean 26 separate insurance claims, and paying 26 excesses.)

bteetotal

Thanks for breaking it down.  This goes with another post I have done but as you said trying to keep on one subject the Insurer.

Firstly I was told this year that the neighbours boiler was the cause of the leak. I have since found out that no leak has been reported.

Secondly I witnessed myself that the leak came from the pipework in the landlords cupboard.

The previous 26 leaks came from 2 properties above and to the side but the landlord just wants to go after the other leaseholder. 

In terms of the Insurer, you get stomped if your a Leaseholder of a social rented property and at their mercy whether they do the repairs through the lnsurer or General repairs.  I have had neither. 

The Insurer had not declined the claims. One they stated they did not receive and the other closed awaiting confirmation from the Council that everything was rectified. This recent leak they claimed I stated was from the above leaseholder, their words not mine.  Documents show that contact was made on all accounts by me but they are attempting to ignore things.   

Yes Each claim I was told would have had a £50 excess so times that by 26 and the matter still not fixed. 

I have now been told that they will cut and paste information and send to me in the post.  I have requested that it be sent by recorded post so that I get it and it can be deducted from any compensation, in order to start things.  I have requested the information in light of the Equality Act and reasonable adjustments so thank you for the person who wrote that.