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Our joint buildings insurers have allowed what is clearly an invalid and fraudulent claim on our joint buildings insurance policy, for an exorbitant amount. Do I have a claim against them for breach of duty of care?
The owner of the flat above mine have allowed 4 escapes of water from their flat into mine. On the 4th occasion they submitted a claim on our joint insurance buildings policy without telling me.
I was required to sign an agreement to their claim which I declined to do without being informed of the amount. Eventually, 6 months later the loss adjuster provided a copy of the approved quote which was for £4000+.
As a building professional I have designed and installed new bathrooms for less than this. I had the works in the quote costed by a Building Estimator at £425.
Eventually under their lease I was able to inspect what they were claiming for, and the only damage was cosmetic, to the plasterboard below the bath, concealed behind the bath panel.
The claimants employed a solicitor who threatened me with court action if I did not sign, within 7 days, what I believe to be a clearly invalid and fraudulent claim. After 6 months they withdrew this threat after they were unwilling to reply to questions I asked about their claim.
The insurers disclosed that the claimant failed to declare the previous escapes of water, but seem intent on allowing the claim, which would increase the renewal premiums, and affect my 22 year claim free record, and I would effectively be financing my neighbour’s new bathroom suite. My objections to the insurers about the claim, when it was first submitted, were overturned by them.
This is the equivalent to allowing a ‘cash for crash’ claim and has dragged on for 2 years now, with harassment from the young lady in the flat above which has required police intervention.
With the lack of evidence of £4000 worth of damage do I have a claim against the insurers for breach of duty of care, for the stress, waste of time and harassment in what is clearly an invalid and fraudulent claim.
Many thanks.
The owner of the flat above mine have allowed 4 escapes of water from their flat into mine. On the 4th occasion they submitted a claim on our joint insurance buildings policy without telling me.
I was required to sign an agreement to their claim which I declined to do without being informed of the amount. Eventually, 6 months later the loss adjuster provided a copy of the approved quote which was for £4000+.
As a building professional I have designed and installed new bathrooms for less than this. I had the works in the quote costed by a Building Estimator at £425.
Eventually under their lease I was able to inspect what they were claiming for, and the only damage was cosmetic, to the plasterboard below the bath, concealed behind the bath panel.
The claimants employed a solicitor who threatened me with court action if I did not sign, within 7 days, what I believe to be a clearly invalid and fraudulent claim. After 6 months they withdrew this threat after they were unwilling to reply to questions I asked about their claim.
The insurers disclosed that the claimant failed to declare the previous escapes of water, but seem intent on allowing the claim, which would increase the renewal premiums, and affect my 22 year claim free record, and I would effectively be financing my neighbour’s new bathroom suite. My objections to the insurers about the claim, when it was first submitted, were overturned by them.
This is the equivalent to allowing a ‘cash for crash’ claim and has dragged on for 2 years now, with harassment from the young lady in the flat above which has required police intervention.
With the lack of evidence of £4000 worth of damage do I have a claim against the insurers for breach of duty of care, for the stress, waste of time and harassment in what is clearly an invalid and fraudulent claim.
Many thanks.
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