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Buildings Insurance
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I have been told by my house factor that a claim for water damage to an internal wall in the common close cannot be claimed for on the common buildings policy because the time for making the claim has expired. They said that they could not make a claim at the time that the damage was reported to them because the other owners had taken too long to pay for the repair of the damage to the external wall, that had caused the problem. Is it the case that an insurance company will not accept a claim for work to be done at a future date?
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I guess you are in Scotland because of the terminology you use, and I can't speak for Scots law - but in England there is a statute of limitations, usually three years from either when an incident arose, or when you became aware of the damage/injury. It might be that this damage is more than three years old? You'd need to look at the small print in the contract with your factors.
... and I'd have thought the factors should have notified the insurance company of the potential claim when reported to them, irrespective of how long it took other interested parties to cough up for their share of the repairs.
My experience in working in insurance is that we would have accepted a claim in principle (if if was covered by the policy) but wouldn't pay out until the work was done and a copy of a paid invoice submitted.
My experience in working in insurance is that we would have accepted a claim in principle (if if was covered by the policy) but wouldn't pay out until the work was done and a copy of a paid invoice submitted.
I am unclear as to the facts here,in particular that" the owners had taken too long to pay for the damage to the external wall".
In these cases one must go to the "proximate cause" of the damage eg was it caused by storm or tempest,or by wear and tear to the wall. Wear and tear is excluded in the Policy conditions.
Perhaps Ladyalice is correct in her assumption that the factors may not have notified the Insurers at the time the damage was discovered.
In these cases one must go to the "proximate cause" of the damage eg was it caused by storm or tempest,or by wear and tear to the wall. Wear and tear is excluded in the Policy conditions.
Perhaps Ladyalice is correct in her assumption that the factors may not have notified the Insurers at the time the damage was discovered.
To Zacs-Master, boxtops and ladyalex,
Many thanks for your speedy replies.
Yes, you have correctly guessed that I live in Scotland although it is a national insurance company that is involved. The damage is more than three years old. It was reported as soon as it became apparent and the factor then sent three quotations to all the owners for the whole damage, internal and external ranging from £6000 to £2500. There had to be a vote by a majority of the owners that the repairs were essential. There was a lot of squabbling and those owners not directly affected decided to ignore the matter. The factors then closed the case and the damage got worse. Six months ago, I asked a reputable company for a quote for the external damage only which came in at £1200 and the other owners paid their shares. Then I asked the factors to claim for the internal damage and this was their reply. So now I am faced with a bill of £950. Is there anything I can do?
Many thanks for your speedy replies.
Yes, you have correctly guessed that I live in Scotland although it is a national insurance company that is involved. The damage is more than three years old. It was reported as soon as it became apparent and the factor then sent three quotations to all the owners for the whole damage, internal and external ranging from £6000 to £2500. There had to be a vote by a majority of the owners that the repairs were essential. There was a lot of squabbling and those owners not directly affected decided to ignore the matter. The factors then closed the case and the damage got worse. Six months ago, I asked a reputable company for a quote for the external damage only which came in at £1200 and the other owners paid their shares. Then I asked the factors to claim for the internal damage and this was their reply. So now I am faced with a bill of £950. Is there anything I can do?
Further to my post and your last post,I would be questioning the factor's rights in closing the case under the circumstances you have given. It is unfortunately not unusual for some owners of flats to ignore or even refuse to agree to pay their share of costs. At this stage the factor,in my opinion,should have taken steps,to insist that they paid their share,involving taking legal action if need be.
My suggestion is that you approach the Insurer directly (not through the Factor ),and explain matters to them.
They may perhaps take a dim view of things because of the inaction by some of the owners,which could have the effect of causing further damage,and increased costs.
My suggestion is that you approach the Insurer directly (not through the Factor ),and explain matters to them.
They may perhaps take a dim view of things because of the inaction by some of the owners,which could have the effect of causing further damage,and increased costs.
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