NHBC using 'exclusions' paragraph on leaking shower claim... would be grateful for advice!

theonlywayisbristol

Hi, I recently submitted a claim for a leaking shower - a plumber I got round to quote took an area of tiles out and showed that they had been stuck straight on to plasterboard. He said that grout is not waterproof, only water resistant, and therefore the shower would inevitably leak. He was actually quite angry about the poor workmanship. 

However when I submitted the claim to the relevant insurer, they referred me on to a loss adjuster who quoted the following paragraph:

“Special Perils

Loss or damage caused by or consequent upon fire, lightening, explosion, typhoon,

hurricane, cyclone, volcanic eruption, earthquake, storm, tempest, flood, subterranean

fire or other convulsion of nature, aircraft or other aerial devices or articles therefrom,

escapes of water from tanks, apparatus or pipes, malicious persons, theft, attempted

theft or impact.”

I asked him to be clearer about why this was an exclusion when the workmanship was clearly at fault. He said his definition of the 'apparatus' of a shower included the wall and tiles.

Has anyone had experience of complaining to an ombudsman about a loss adjuster / NHBC insurance generally?

eddddy

Just to be clear - is the following the situation?

• You are within the first 2 years of your NHBC warranty
• You contacted the builder to deal with the defect - the builder refused (or maybe the builder had gone bust)
• So you went to the NHBC dispute resolution service - and their loss adjuster said what you have stated above

Is that correct, or is it a different situation?

For example, are you in years 8 to 10 of the warranty?

user1977

What document are you quoting from? I can't see that wording in the standard buildmark warranty.