Dear Sirs,

I have a tiled kitchen floor, recently a problem developed in that several tiles sagged when I walked on them.

Structure insurance is with Axa, whom I contacted. Axa suggested that the sub-floor could habe been weakened by water from a burst pipe or similar.

Axa instructed their representatives, Northern Drain Services, to attend and investigate. Which they did on 29/01.2013. These workmen took up a dozen or so floor tiles to look underneath, smashing the tiles in the process.

Their opinion was that water had entered the property through a missing or broken damp course. They left me and reported to Axa.

Axa subsequently informed me that I had no valid insurance claim due to the nature of the waters ingress.

I was obviously disappointed, and also asked what about the damage to the floor. Would they at least pay for the repair to the damage done by their representatives.

I was informed 'No', the damage would have been done to investigate the problem in any case.

My question is this:

1. can my claim be disallowed because I have a damp proofing problem only?

2. are they responsible for replacing the damaged tiles?

It is normal for any investigation work to be reinstated! I would put this to them that they are responsable for the floor tile damage.

Having said that you did give them permission to open up to investigate.

Was it in fact axa or a loss adjuster/surveyor acting on their behalf who instructed the contractor?

I suggest you need to get a loss assessor/surveyor to inspect to get an independant view on the cause and take it from there.

There are many exclusions in insurance policies and you may need to go through yours to check if what they are saying is correct.

It is normal for any investigation work to be reinstated! I would put this to them that they are responsable for the floor tile damage.

Having said that you did give them permission to open up to investigate.

Was it in fact axa or a loss adjuster/surveyor acting on their behalf who instructed the contractor?

I suggest you need to get a loss assessor/surveyor to inspect to get an independant view on the cause and take it from there.

There are many exclusions in insurance policies and you may need to go through yours to check if what they are saying is correct.

Hi and thanks for the response.

this is what happened - I telephoned Axa, who instructed Drainage Advisory Services & Assistance Ltd who instructed Northern Drain Services Ltd. Who actually came to my house and did the work.

I'll call DASA for their opinion and read my policy.

Still think that the floor should be reinstated but who's responsibility is it?

IMHO NDS through axa.

Never heard of investigation work not being reinstated before!

I think you need to write to AXA, copy to the others, demanding they put it back as it was.

Hi pete_denton.

Is there any other evidence of damp - like the walls for instance? Did they identify the area where the DP had failed?

What was the tiling fixed to i.e. floor boards, chipboard etc.

Mike

Hi pete_denton.

 

Is there any other evidence of damp - like the walls for instance? Did they identify the area where the DP had failed?

 

What was the tiling fixed to i.e. floor boards, chipboard etc.

 

Mike

hi,

tiles on plywood, on chipboard, on 2" x 2" framework & on a concrete scree.

The damp is starting to appear up on side of the door (about 12" high right now)

It appears that the water got in under & around the doorstep, where there is no visible dampcourse (maybe failure or never was there?), and spread from the doorway into the kitchen about 2 metres

thanks.

thanks

Hi PD,

Well, the problem the insurers have is that the whole of the timber substrate is likely to be affected (or at least a large part of it), so an isolated repair (putting tiles back) would be ineffective as it's likely the whole floor would have to come up at some point. Even if the DP problem is fixed.

In that case, as said above, you need to read into the small print on your insurance docs to see if DPC problems leave you excluded from cover. IF you find that you are coverered then your claim will be for the whole floor as the timber will be shot.

I work for a large tiling contractor (coincidentally lol) and we do get involved with insurance issues sometimes and any investigation work we do which involves getting behind the tiling is always stated as "destructive".

From the insurers point of view they could/would argue that as the timber in the affected area had already failed then it would have needed replacing anyway.

You must check that small print - Even if you're not covered for the work required to the DPC you may have some sort of cover for the damage indoors. This could be down to how the DPC has failed. Follow this link >>>> http://surveyorsnotebook.wordpress.com/2011/10/25/rising-damp-and-home-insurance-cover/ and you'll see what I mean.

Sorry I couldn't be of more help.

Mike

Check for "trace and access" cover under your policy, if you don;t have this, there is probably no liability under the policy, only cover for damage caused an insured peril (Flood, fire, etc.) Why claim for the damage if the floor is going to be lifted anyway? You did ask them to investigate, and that's what they did.

Ok, no point in putting tiles back, but they must at least put the floor back with a level surface; no holes. ( or leave a trip hazard etc.).