Insurance company disclaiming liability for 2nd leak in flatted property?

[Mawreece]

I am the owner of a middle floor flat (Scotland) and built 2008. Recently, the property was flooded due to a dishwasher feed hose parting company in the property above. This is the second leak from the same connection - the first was spotted early and damage was minimal, but the second has resulted in approximately £2k worth of redecorating to my flat.

There is a block buildings insurance in place covering all eight flats in the development, arranged and administered by the property factors and I have made a claim under this policy. The insurance company have appointed a firm of brokers as their delegated authority and I have been dealing with them throughout the claims process. I am told by them that my 'claim will not be accepted' until I 'obtain confirmation' that the source of the leak upstairs has been fixed. I have a couple of questions about this position:

1. Are the brokers / insurers entitled to demand that I obtain this confirmation as a condition of paying out on the claim? I have written to the upstairs neighbour (who sustained no damage due to this incident and who is not a party to the claim) asking him to have a plumber check out the connection - I have even offered to pay for this, since obviously my primary concern is to ensure that this doesn't happen again. I have not had a reply from him (he is somewhat challenging on a number of fronts). However, as I have pointed out to the brokers, he is a 3rd party and I do not believe that they can refute liability if he is not willing to co-operate - I can hardly force an entry to his flat with a plumber in tow to effect the necessary works. I might as well be talking to a brick wall, they insist that they 'must' be advised that the repair has been made before they will authorise the repairs to my property. Is it not their job to correspond with the upstairs neighbour rather than mine?

2. I am told by the brokers that if 'the same thing happens again' - the insurance policy will not pay out. Is this true?

[des8]

Your insurers are within their rights not to proceed with repairs until they are satisfied the cause of the damage has been removed,

However does the policy cover Trace and Access and/or,Property Owners Liability?

There are a number of ways of dealing with this depending on the policy.
Can you tell us the company involved, and a link to the policy wording on line?

[Mawreece]

Hello DES8 - thanks for getting back to me. The property factors only have a summary of cover available on their website, I have asked them for a copy of the full policy and will let you know as regards Trace and Access / Property Owners Liability once I receive this. The company involved is Allianz.

[des8]

Ok
assuming the Allianz policy is this one (https://www.allianzebroker.co.uk/con...er-wording.pdf) I would suggest a letter to your uncooperative neighbour giving him a week in which to supply the required confirmation.
Tell him that if he doesn't comply you will be obtaining a court order to make him comply.
Also add that you hold him (or his landlord if he rents his property) responsible for the damage to your flat as it was their equipment that caused the damage, and you reserve the right to initiate court proceedings to recover your damages.

At the same time write to the insurer's enclosing a copy of the letter and point out to them that as the block policy includes legal liability cover it is quite likely that if you sue your neighbour he will make a claim as he is also covered by the policy. This will involve the insurers not only paying for your redecoration, but the court costs and possibly further damages.
Suggest for the sake of everyone they also attempt to move the matter forward.

[Crazy council]

Just some info so you know how these things go

Probebly, The broker, appointed by your insurance, are in affect, a claims managment and repair agency in one.

They acsept the initial claim from the insurance co, and agree some terms, like total costs for full repair job ( this is private bnetween them, not for you ) . The broker then tries to pay yoiu as little as possible, do as little as possible, to keep as much as the money as possible. I had to deal with an insurace co in 2007 over a claim and had to fight to get it sorted, so i learnt there processes. Sometime the claims managment company get it wrong, and have to pay more than they claimed initialy, like if a repair doesnt hold

Then the question .

I am told by them that my 'claim will not be accepted' until I 'obtain confirmation' that the source of the leak upstairs has been fixed. I have a couple of questions about this position:

Did the insurance/claims managment co do the work on yours and the leak, if so, they garuntee the fix for 20 years and it there responcability. It only becomes difficult if you do/arrainge the works yourself.

If they did the work, ask for the certificate of compleation,