Insurance company says No

[uglymug]

Hi all, maybe get the question out first. Am I covered?
Unfortunately have found ourselves in a boundary dispute with the nightmare neighbour. Started in June 2020. Found that we did not have legal expenses cover so when the time came for renewel in Nov 2020 we added it at a cost of £25. Late June she had someone put up a building site fence right up against my garage and all along my side of the hedge in my garden. Come June 2021 at 12 months I removed it and put it back into her garden, as I did not want be "in acceptance of it". She dies in May 2021. Now I thought dispute is over. In July 2021 her comes her daughters and cuts 2ft off my side of the hedge in my garden and erects a concreted in green wire fence again against my garage and I mean right against it. We now contact the insurance company again to tell them this and have been referred to thier legal services dept where we are told that we are not covered up to Nov 2020 but anything after that we are. The insurance company now contacts thier legal team who arranges a solicitor. Gave them all our info and had to wait weeks for thier assessment. Now told that we are not covered for legal costs as dispute started before Nov 2020. Yes I understand this, but as the old neighbour died I thought that the dipute ends there. Then her daughers start another one. So from Nov 2020 til now we still have legal expenses cover which should cover the new dispute. Is this right are we covered. They are now threatening court thru thier solicitor..............(cant get hold of insurance company legal dept or solictor or CAB etc over the weekend). Its all a very stupid mess.............................thanks to you all UG

Edited by uglymug on Saturday 2nd October 13:12

[mmm-five]

Sorry, but IMHO (and IANAL) you're not covered.

It's the same dispute and you bought the insurance add-on after the dispute started.

Imagine you sold your broken car to someone else, who then went and bought a warranty to claim on a pre-existing fault!

[Monkeylegend]

Can't help with the insurance, probably only your insurance company and you can sort that out, but what is it this week with all the disputes about fences and boundaries.

Must be something in the air.

[uglymug]

mmm-five . It may be the same dispute, but the old lady dies and that dispute ends. Someone else has started another newer one. Shirley they cant be classed as the same one, albiet it similar and running nealry consecutively. ?

[AJL308]

uglymug said:

mmm-five . It may be the same dispute, but the old lady dies and that dispute ends. Someone else has started another newer one. Shirley they cant be classed as the same one, albiet it similar and running nealry consecutively. ?

The dispute is, essentially, with the property, I think; yes, I know you cant sue a piece of land but it's the people in control of the land which are causing the trouble, as far as I can see.

It seems to be the same dispute to me.

[NGee]

uglymug said:

mmm-five . It may be the same dispute, but the old lady dies and that dispute ends. Someone else has started another newer one. Shirley they cant be classed as the same one, albiet it similar and running nealry consecutively. ?

I think you've just answered your own question.

Oh.....and stop keep calling me Shirley

[Canon_Fodder]

Defo not covered OP.

It's a bit like a pre-existing health condition which has flared up again

[Chrisgr31]

I doubt you are covered, as others have said its the same dispute.

So where are they saying the boundary is and where are you saying it is? Why do you think it is where you say it is?

[lost in espace]

I am not sure how they would be able to take you to court if they have put their boundary fence on your land, or if you don't own the boundary on their own land.

All they can do is take you to court for damaging their fencing if you take it down.

[LostM135idriver]

I am not a lawyer but I also cannot see how it can be the same dispute.

The person you have a dispute with, would take to court, etc is a different person. Ok they inherited the house but not the legal identity, opinions, beliefs and past actions of the previous resident.

It’s a dispute over the same thing with a different person, which logically must be a new dispute.

[Chrisgr31]

It is a dispute over the boundary, doesnt matter who the complainants are the dispute is over the boundary, so its the same dispute.

[LostM135idriver]

Chrisgr31 said:

It is a dispute over the boundary, doesnt matter who the complainants are the dispute is over the boundary, so its the same dispute.

But it’s not a dispute unless someone else does not agree…

If the person disagreeing is different, it’s a new dispute.

In this case it seems action (fence) on the boundary was taken, after legal cover was added to the insurance, by someone who didn’t even own the neighbouring nhouse when the legal cover was added.

How can it be the case that the insurance co. can make any reasonable can claim the policy holder knew this would happen, or knew that this situation would exist, or that it had already begun when the owner whose actions are disputed didn’t even live there?

[Chrisgr31]

Well if you have a dispute with a neighbour over a boundary, and it is not resolved, it shouldnt be a surprise if a dispute arises with a subsequent person, especially when they are related to the first one.