House legal insurance denying cover

Halevie1

I'd appreciate the experience of people who know more about this than me, and any advice on what to do next.

I have legal insurance as part of my house insurance. The policy states it provides cover for legal nuisance (see below). Our neighbour has been watching/filming/abusing us over our fence, looking into our bedrooms and photographing us inside our house. We took this to our legal insurers and they refused to do anything saying it wasn’t covered. They said “The property protection section of the clients legal expenses insurance policy covers trespass, private nuisance and property damage. Harassment is aimed at individuals, whereas trespass, private nuisance and property damage relate to loss to a property, not personal loss to the owner or occupier. Harassment is an entirely separate legal issue from private nuisance with a completely different legal framework and is not covered by our insurance.” 

We've taken it to the Ombudsman (it took two years because they closed the case by mistake so we had to start all over again) and the ombudsman says the policy doesn't cover "harassment". Our view is that it doesn't matter what you call it, the neighbour's behaviour means we can't enjoy our land/property and it should be covered.

DullGreyGuy

Who was it at the Ombudsman that gave the ruling? An Investigator/Adjudicator or did you already disagree with their decision and have it escalated to an ombudsman who you equally disagree with?

Halevie1

It went to the Ombudsman 18 months ago who ruled the insurance company must look at the case and talk to me but they didn't and the Ombudsman closed the case without resolution. The Ombudsman recognised they shouldn't have closed the case and started a new one. The Ombudsman's Investigator has said they don't uphold my claim and support the insurance company's position. It is now waiting for the Ombudsman to review it and have said I need a legal opinion to support my position that the policy covers our situation.

TELLIT01

The situation with the neighbours sounds like something you should speak to the police about.  It certainly sounds like harassment.  Do you have a record of when the events occurred.  If not, you may have to start from scratch to prove your case.

Halevie1

TELLIT01 said:

The situation with the neighbours sounds like something you should speak to the police about.  It certainly sounds like harassment.  Do you have a record of when the events occurred.  If not, you may have to start from scratch to prove your case.

That is a whole different area not to go into. My children, who live with us, are police officers and the people causing the harassment are a judge and a solicitor. The primary point is what is covered in the policy. I think it is pretty clear that we have suffered "legal nuisance" and the insurance should have paid for an injunction to stop it. But I don't have a legal background.....

user1977

What's the origin of the harassment? i.e. is it related to some sort of property dispute, or a personal beef which happens to result in harassment at the property?

Halevie1

user1977 said:

What's the origin of the harassment? i.e. is it related to some sort of property dispute, or a personal beef which happens to result in harassment at the property?

Both. They built a house without planning consent and we complained to the LPA.