Hi Toby
This sounds like an awful situation to be in. Why on earth are your insurers witholding money if they have agreed liability? They should have no qualms about issuing cheques made payable to your builders but sent to you! There are several things that you should point out to them here:
A) They are in breach of FSA ICOB (Insurance Conduct of Business) rules here, if they agree to issue any settlement to you, & fail to do so within 5 working days, it constitutes a regulatory breach - for which they can potentially be fined by the FSA.
B) Did they acknowledge your complaint within 5-days? Have they given you written details of their complaints handling procedure? If this has been going on for over 8-weeks, they should have given you details of how to escalate this matter to the Financial Ombudsman Service 0845 080 1800. If they have failed to do this, they are in breach of FSA complaint handling rules too. Approaching the Financial Ombudsman will cost your insurer several hundred pounds, it is free for you!
C) They are obliged to fullfil their commitments under the terms of your policy, this means that if they have accepted the claim & agreed costs, there is absolutely nothing stopping them from sending you a cheque in settlement of the claim to enable you to pay your builders & contractors.
D) The FOS will agree a compensation payment for delay, stress & inconvenience - I would suggest you advise your insurers that you will be asking the FOS to agree a sum.
E) And if being reasonable doesn't work (remember that the staff are restricted by red tape & the inability to look further than rigid procedures, so don't blame them!) it is also worth advising the insurer that you will approach the press if this is not resolved within a set time period, & it is always worth directing your complaint to the CEO, as this is likely to be picked up by a more senior individual.
I hope this helps you & good luck
