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Insurers getting out of responsibilities, are you aware?


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I had a large fire which destroyed a building and its contents at the end of 2008. Legal and General Insurers. Crawford Loss Adusters attended. Crawford could not use their approved repairers so asked me to get own quotes. Quotes obtained and sent to Crawford for approval. Crawford approved works and arranged for payment to contractors from Legal and General. The building leaks and may not have been erected properly!

Asked L&G to repair or replace the building again, they stated that as I had used my own contractors then I was responsible.

 

I complained to Ombudsman, interim decision is that insurers are correct. The contractors and myself are liable for repairs. Any suggestions on contract law?

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I complained to Ombudsman, interim decision is that insurers are correct. The contractors and myself are liable for repairs. Any suggestions on contract law?

 

How did you find the contractors?

 

Who paid the contractors ?

 

If L&G or Crawfords acting for them arranged for and paid the contractors, then L&G have a contractural responsibility with the contractors to repair the house at their cost.

 

If you found the contractors and took control over the arrangements, then you would be responsible for sorting this out with the contractors.

 

You would be best to see a solicitor with all the paperwork, to look into the best way forward. They may suggest starting legal proceeding against the contractors and forgetting about the FOS. The FOS are a shambles at the moment with cases taking over 2 years to finalise. They are losing staff due to the mess they are in, presumably caused by stress.

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I found contractors in trade magazine, they provided quote in my name, I passed this to loss adjuster for approval. They approved it and told contractor to start. They issued cheques in name of contractor to me and I passed these direct to contractor. Guess you right though, need solicitor advice

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The insurer has the liability, as already posted above, the cheque was issued in the contractors name, therefore a binding contract was made between the insurer and the contractor. The FOS should (should, it is the FOS!) support you here. but do you want the wait?

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