Property Insurance Question

Property Insurance Question

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blueg33

Original Poster:

35,883 posts

224 months

Monday 23rd February 2015
quotequote all
I am in a debabte with an insurer and wndered if anyone could help clarify a point.

Insurers says that damage to a ground floor flat from a leak in the flat above is not the liability of the owners of the flat above because they were not aware of the leak.

Is this correct?

LoonR1

26,988 posts

177 months

Monday 23rd February 2015
quotequote all
Amazing how many times this exact question comes up for discussion.

We're te owners of the flat above negligent? If not there is no liability. However, many users tend to be more flexible with home policies definitions of liability.

Don't see why it matters anyway. Just claim in your policy and let them argue it out amongst themselves. A claim doesn't do much damage to your home insurance premiums.

eatcustard

1,003 posts

127 months

Monday 23rd February 2015
quotequote all
When I had a water leak in the Kitchen we gad about £12k worth of damage, my premium went up by £12 a year.

blueg33

Original Poster:

35,883 posts

224 months

Monday 23rd February 2015
quotequote all
LoonR1 said:
Amazing how many times this exact question comes up for discussion.

We're te owners of the flat above negligent? If not there is no liability. However, many users tend to be more flexible with home policies definitions of liability.

Don't see why it matters anyway. Just claim in your policy and let them argue it out amongst themselves. A claim doesn't do much damage to your home insurance premiums.
The reason for the question is that my FiL's policy has reached its claim limit. The water damage is extensive.

So that hard part is discovering whether they were negligent? The leak was pointed out to them, they didnt fix it. They are saying to the insurers that they didnt know about it, despite my FiL and his carers having told them

LoonR1

26,988 posts

177 months

Monday 23rd February 2015
quotequote all
blueg33 said:
The reason for the question is that my FiL's policy has reached its claim limit. The water damage is extensive.

So that hard part is discovering whether they were negligent? The leak was pointed out to them, they didnt fix it. They are saying to the insurers that they didnt know about it, despite my FiL and his carers having told them
What claim limit? I don't know of a UK policy sold nowadays that has a claim limit, other than the notional £20m on motor policies and most pet policies.

Who's this policy with?

Cat

3,020 posts

269 months

Monday 23rd February 2015
quotequote all
LoonR1 said:
What claim limit? I don't know of a UK policy sold nowadays that has a claim limit, other than the notional £20m on motor policies and most pet policies.

Who's this policy with?
The ABI think all household policies have claim limits

https://www.abi.org.uk/~/media/Files/Documents/Pub...

page 4 said:
Every policy has limits on how much you can claim

Cat

TwigtheWonderkid

43,351 posts

150 months

Monday 23rd February 2015
quotequote all
LoonR1 said:
blueg33 said:
The reason for the question is that my FiL's policy has reached its claim limit. The water damage is extensive.

So that hard part is discovering whether they were negligent? The leak was pointed out to them, they didnt fix it. They are saying to the insurers that they didnt know about it, despite my FiL and his carers having told them
What claim limit? I don't know of a UK policy sold nowadays that has a claim limit, other than the notional £20m on motor policies and most pet policies.

Who's this policy with?
Perhaps he means the damage exceeds the sum insured. Because they were under insured!

blueg33

Original Poster:

35,883 posts

224 months

Monday 23rd February 2015
quotequote all
LoonR1 said:
blueg33 said:
The reason for the question is that my FiL's policy has reached its claim limit. The water damage is extensive.

So that hard part is discovering whether they were negligent? The leak was pointed out to them, they didnt fix it. They are saying to the insurers that they didnt know about it, despite my FiL and his carers having told them
What claim limit? I don't know of a UK policy sold nowadays that has a claim limit, other than the notional £20m on motor policies and most pet policies.

Who's this policy with?
Its a well known National bank insurance arm and they have stated that the claim limit is £30k (I think, my wife knows the exact figure). To be honest, we are not all that impressed with them. The FiL is 91 and very frail and not totally with it, they have tried everything they could to avoid paying the claim. It feels like they have been trying to take advantage of my FiL, if we hadn't stepped in they would have only paid out the £500 or so that was their first offer.

LoonR1

26,988 posts

177 months

Monday 23rd February 2015
quotequote all
blueg33 said:
Its a well known National bank insurance arm and they have stated that the claim limit is £30k (I think, my wife knows the exact figure). To be honest, we are not all that impressed with them. The FiL is 91 and very frail and not totally with it, they have tried everything they could to avoid paying the claim. It feels like they have been trying to take advantage of my FiL, if we hadn't stepped in they would have only paid out the £500 or so that was their first offer.
No idea who you mean as most banks now sell white labelled products. RBS (at a guess) sold Direct Line and the other brands about 18 months ago and now don't own any of it IIRC.

As twig has said maybe your parents are underinsured which is a whole different discussion

LoonR1

26,988 posts

177 months

Monday 23rd February 2015
quotequote all
Cat said:
LoonR1 said:
What claim limit? I don't know of a UK policy sold nowadays that has a claim limit, other than the notional £20m on motor policies and most pet policies.

Who's this policy with?
The ABI think all household policies have claim limits

https://www.abi.org.uk/~/media/Files/Documents/Pub...

page 4 said:
Every policy has limits on how much you can claim

Cat
Limits for individual items, or an overall sum insured, that you choose as a policyholder. If the latter, then the OP's FIL has understated it's value, rather than the policy having an overall arbitrary claim limit. The inference was that the policy was duff, because it didn't cover enough, rather than the purchaser having misrepresented their potential loss.

blueg33

Original Poster:

35,883 posts

224 months

Monday 23rd February 2015
quotequote all
LoonR1 said:
blueg33 said:
Its a well known National bank insurance arm and they have stated that the claim limit is £30k (I think, my wife knows the exact figure). To be honest, we are not all that impressed with them. The FiL is 91 and very frail and not totally with it, they have tried everything they could to avoid paying the claim. It feels like they have been trying to take advantage of my FiL, if we hadn't stepped in they would have only paid out the £500 or so that was their first offer.
No idea who you mean as most banks now sell white labelled products. RBS (at a guess) sold Direct Line and the other brands about 18 months ago and now don't own any of it IIRC.

As twig has said maybe your parents are underinsured which is a whole different discussion
You have the correct banking group. All correspondance is on XXX Bank Insurance headed paper and phone is answered XXX Bank.

I agree on the under insured part, the bulk of the cost has been rehousing him owing to his frail condition and adaptations and special services that need to be provided. His flat was uninhabitable.

blueg33

Original Poster:

35,883 posts

224 months

Monday 23rd February 2015
quotequote all
LoonR1 said:
Limits for individual items, or an overall sum insured, that you choose as a policyholder. If the latter, then the OP's FIL has understated it's value, rather than the policy having an overall arbitrary claim limit. The inference was that the policy was duff, because it didn't cover enough, rather than the purchaser having misrepresented their potential loss.
The policy is poor especially for its price, eg damaged kitechen units are replaced with the cheapest possible regardless of whether they match the undamaged units which stay.

My biggest issue though isnt the policy as such, that's just black and white, its the way the claim has been handled (this part is with the Ombudsman).

One lesson learned - check what the policy actually covers very carefully when you buy house insurance.

thismonkeyhere

10,345 posts

231 months

Monday 23rd February 2015
quotequote all
I've had this twice in my time - in both instances it was a case of claiming on own insurance, then letting them sort it out with the other party's insurance if there was any need.

LoonR1

26,988 posts

177 months

Monday 23rd February 2015
quotequote all
blueg33 said:
The policy is poor especially for its price, eg damaged kitechen units are replaced with the cheapest possible regardless of whether they match the undamaged units which stay.

My biggest issue though isnt the policy as such, that's just black and white, its the way the claim has been handled (this part is with the Ombudsman).

One lesson learned - check what the policy actually covers very carefully when you buy house insurance.
Given this amd your other post, then there are numerous questions. AFAIK the White labelled bank policies are identical,to the own labelled stuff that DLG sell and they tend to be quite clear on what they will and won't cover, although Escape of Water claims are always a tricky one.

I'm still unsure what you mean by nearing the limit. Your policy must be massively understated, I thiugh DLG would not let you buy a policy with less than £50k contents cover, but I could be miles off the mark there.

blueg33

Original Poster:

35,883 posts

224 months

Monday 23rd February 2015
quotequote all
LoonR1 said:
blueg33 said:
The policy is poor especially for its price, eg damaged kitechen units are replaced with the cheapest possible regardless of whether they match the undamaged units which stay.

My biggest issue though isnt the policy as such, that's just black and white, its the way the claim has been handled (this part is with the Ombudsman).

One lesson learned - check what the policy actually covers very carefully when you buy house insurance.
Given this amd your other post, then there are numerous questions. AFAIK the White labelled bank policies are identical,to the own labelled stuff that DLG sell and they tend to be quite clear on what they will and won't cover, although Escape of Water claims are always a tricky one.

I'm still unsure what you mean by nearing the limit. Your policy must be massively understated, I thiugh DLG would not let you buy a policy with less than £50k contents cover, but I could be miles off the mark there.
Well the insurers have refused to pay any more for the alternative accommodation because the policy is at the claim limit (their words). This is being done on buildings insurance, contents is a separate policy with the same firm.

I havent compared the policy word for word with others but I do know that the Bank branding is just the front for a policy provided by UKI.

My FiL has been in alternative accommodation for over 12 months and that alone will have cost circa £25k, the works are circa another £5k so it looks like the limit is £30k. What amazes me is that its taken them 11 months to start the works and another 3 months to do £5k of repairs!