Bit complicated this one but here goes.

My sister moved into a bungalow in August 2007.

In November that year she noticed that there was a leak on a radiator and that there appeared to be water sloshing around under the floor. The leak in the radiator was repaired and sloshing sound of water disappeared.

However at the beginning of May this year she noticed that once again there was water under the floor.

She called a plumber who said he couldn't attempt to track down the leak as the floors are what is known as "floating floors" and that the pipes underneath had not been lagged when the bungalow was built 20 years ago and that there were probably multiple leaks under there.

She contacted the insurance broker who sold her the house insurance.

To cut a very long story short in the past 4-6 weeks she has had a loss adjuster down who said she needs to move out so that the work could be completed.

We set about finding alternative property for her and started planning the move.

However, yesterday we were told by the loss adjuster that the insurance company would not do anything until the leak was fixed so that they could then decide if they were liable for it. I phoned the insurers "Hathaway & Co" who are apparently responsible for the policy. I spoke to a Mr Micheal White who said that because my sister had first noticed a problem back in November (she put this down to the radiator leak) he did not think they could be held responsible.

I have tried everything to get this man (Mr White) to change his mind. We have had another plumber out today and he has confirmed that there are numerous leaks under the floor that cannot be found until the property is empty.

I have contacted the complaints department at "Lloyds" as they are the underwriters, but they can't do anything until we complete forms and send them back.

We are at the end of our tether. My sister has breast cancer and is in the middle of chemotherapy. To say this is making her ill is an understatement.

Please can someone advise me where I can turn to. The only thing I can think of doing is going to the media.

Thanks

pam

I'm a bit rusty on home insurance but will have a go

Firstly, if the cause was in existence before the policy started, then there will be no cover - that's a basic insurance principle.

Presuming the cover was in effect from the start though, I would ask them for an immediate explanation. why are they saying they are not responsible because of what happened in November? If the policy was there, bearing in mind what I said before, then there should really be no problem.

Have you emphasised your sister's condition to them? In some cases it really is a case that they can only decide once work has been carried out and in that you have to take the risk that they will not pay.

Can your sister live with a friend or relative for a short while?

I am sure someone will come bak with something more definitive, but I would really think that, given the urgency, Lloyds should forgo paperwork for the time being and try to resolve this - the paperwork can be done later.

I hope it is all sorted out for you quickly. Good luck

I'm a bit rusty on home insurance but will have a go

 

Firstly, if the cause was in existence before the policy started, then there will be no cover - that's a basic insurance principle.

 

Presuming the cover was in effect from the start though, I would ask them for an immediate explanation. why are they saying they are not responsible because of what happened in November? If the policy was there, bearing in mind what I said before, then there should really be no problem.

 

Have you emphasised your sister's condition to them? In some cases it really is a case that they can only decide once work has been carried out and in that you have to take the risk that they will not pay.

 

Can your sister live with a friend or relative for a short while?

 

I am sure someone will come bak with something more definitive, but I would really think that, given the urgency, Lloyds should forgo paperwork for the time being and try to resolve this - the paperwork can be done later.

 

I hope it is all sorted out for you quickly. Good luck

Thanks Gysmo

Yes I have explained my sisters illness to all the people concerned it hasn't made much difference.

Whilst she could stay temporerally with family she is loath to leave her house unoccupied with her belongings still in it.

Also we all have young children and she can really do without all the noise at the moment.

She really needs piece and quiet when she comes home from having her treatment.

I have given the insurers until tomorrow lunchtime to get back to me with a satisfactory answer. I have told them if they don't sort it out we will go to the media. It won't look very good for them under the circumstances will it?

Thanks Again

Pam

Pampam sorry to hear about this problem on top of your sister's illness.

From a non-legal perpsective i always find that contacting your local MP can add a lot of weight to any discussions you are having, particularly where there is an additional personal element to something. This is especially so if you are to contact the executives / board of the insurance company concerned copying your MP in. This of course doesn't change your legal rights but in my experience going through the CEO office does make things happen quicker.

BB

sorry - got carried away typing the below but just thought of something. Paragraph 27 of Sch 1 of the CPUT regs contains provisions as to insurance claims. It prohibits requiring production of unecessary documentation or failure to respond to correspondence. I believe that what has happened will not fall under this, as it is aimed at insurers saying, for examlpe, that they need a receipt for a ring purchased 20 years ago. However, it has not (yet) been tested in court, so whilst its meaning probably does not cover your situation, it may be an idea to give it a go anyway. Anyway - back to what I was saying originally....

Bear in mind also that contacting the media does not always work - a local paper may be the best option in terms of media. Some national papers (like the Telegraph and Times on Saurday) have trouble shooter columns, but only a few per week get dealt with and they will only usually operate as a last resort. With TV, they are only really interested if it will draw in viewers. Any matters therefore are usually the ones that are widespread and have happened to others.

Whether it be an MP or the media, these things can still take time. Such action therefore should be done as well as continuing to speak to the insurers - not instead of.

In terms of belongings, is it posible to take a few of the more treasured items out and make an inventory / photographs of the rest? I appreciate the inconvenience, but it may be worth it in the long run

Thanks again Gyzmo.

I am waiting until lunchtime, which is the deadline I gave yesterday.

If I don't get any satisfaction I will try our local MP.

I will keep you informed.

Thanks

Pam & Linda