Zurich building guarantee claim - liability being passed to others

[majik]

The developer didnt put your name on it, i would imagine Zurich did when they issued it.

 

Surely that would be your proof combined with when the mortgage started as the developer/Zurich would not have had your details until you had completed.

[tifo]

well no, they couldn't have because i didn't buy the house until Aug 1999 (i paid a deposit in May 1999 when i first saw the house) and they issued the initial cert in July 1997.

 

so Zurich and the developer couldn't have known me 2 years before the purchase.

[majik]

So who informed Zurich that you bought the place and when did the re-issue the certificate. My guess would be your solicitor or the developer, either way Zurich knew when you bought the place and issued a certificate as an acknowledgement of this.

[tifo]

thanks majik, that's a good point.

 

but the initial certificate did not get re-issued which is the core of the dispute.

[tifo]

finally got Zurich to consider the claim and accept the start and expiry of the policy from Aug 99 to Aug 09. They've appointed a loss adjuster.

 

the loss adjuster is now asking for the contract exchange documents (same as Zurich did) which i thought i'd resolved with their client and i don't really know why they need this. They're also asking for paperwork to and from the developer from 9 years ago (between 99 - 2001 years 1 - 2). They said they cannot progress my claim until i provide the requested documents.

 

i assume they're trying to pass blame to the developer for some of the defects but these occured bttween years 3 - 10 when their policy covered them.

 

they're also asking me to have some of the work carried out through my buildings insurance. Again, their policy should cover the defects. They've said i cannot have the work done privately and it HAS to be through buildings insurance otherwise it will prejudice my claim with Zurich.

 

advice please as i feel they're being unreasonable as their defects first need doing before the work they're asking me to have done (which they should cover anyway) otherwise it makes a mess of the repairs.

[majik]

finally got Zurich to consider the claim and accept the start and expiry of the policy from Aug 99 to Aug 09. They've appointed a loss adjuster. The fantastic Cunningham Lindsey i would guess ?

 

 

 

they're also asking me to have some of the work carried out through my buildings insurance. .

Would agree with this but not for the reason they want. I would suggest you speak to you insurers and ask if you have legal cover and if so does it cover breach of contract (Most do) and let them take care of it.

 

If Zurich have agreed that their cover was from Aug 2001 to Aug 2009 and the damage occured during this time frame then they are bang to rights.

Edited July 9, 2010 by majik
Spellings

[tifo]

Would agree with this but not for the reason they want. I would suggest you speak to you insurers and ask if you have legal cover and if so does it cover breach of contract (Most do) and let them take care of it.

If Zurich have agreed that their cover was from Aug 2001 to Aug 2009 and the damage occured during this time frame then they are bang to rights.

 

I don't get what you mean. You mean ask for legal cover from my buildings insurance or Zurich and you're agreeing that they're right in what they're saying? And who is breaching the contract?

 

It cannot seem right making a person go through another insurance claim with a third party just to progress your own claim? They can simply say they're not covering whatever and it's up to me to claim or have work done privately.

 

Yes, it is Cunningham Lindsey who seem to be going their own way about it.

[majik]

I don't get what you mean. You mean ask for legal cover from my buildings insurance or Zurich and you're agreeing that they're right in what they're saying? And who is breaching the contract?

You wont have legal cover from Zurich, check your contents or buildings insurance.

 

It cannot seem right making a person go through another insurance claim with a third party just to progress your own claim? They can simply say they're not covering whatever and it's up to me to claim or have work done privately. Not sure what you mean by this ? What "other claim" are you refering to. You contents/buildinig insurance wont do any work but they SHOULD be able to confirm that Zurich are liable under their contract however if Zurich have already admitted liability this wont be needed.

 

Yes, it is Cunningham Lindsey who seem to be going their own way about it.

They will they are absolute rubbish, they did absolutly nothing with my claim so i went back to the developer and they are rectifying thr fauls.

 

 

What exactly are the problems your experiancing ? Has Zurich's refusal to correct the fault caused more damge ?

[tifo]

yes, the damage has worsened over the past 2 years since i made my claim because Zurich would not accept my claim.

 

they finally did this in June this year after i passed it to the Ombudsman.

 

now CL have been appointed and want to pass some of the repairs to the developer or buildings insurance when Zurich is liable for them. And CL are laying the condition as stated above.

[tifo]

Not sure what you mean by this ? What "other claim" are you refering to

 

CL want me to make a claim against my buildings insurance for some of the damage i am claiming from Zurich and to claim from the developer for other things, thus 'passing the buck'. They say if i don't make a claim against my buildings insurance it will prejudice my claim against Zurich (don't know how and why).

 

i've told them that whatever they don't pay for, i'll probably have done privately (though it's none of their business what i do).

[tifo]

i don't need legal cover to sue Zurich, i can do this myself.

[majik]

yes, the damage has worsened over the past 2 years since i made my claim because Zurich would not accept my claim.

So you need to explain that due to Zurich neglect to accept this claim it has caused addditonal damage to the detriment of the policy holder which Zurich will also need to correct.

 

they finally did this in June this year after i passed it to the Ombudsman. So Zurich have now acccepted that it is THEIR liability to fix, This will have nothing to do with your building insurance and you will need to point this out to CL.

 

now CL have been appointed and want to pass some of the repairs to the developer or buildings insurance when Zurich is liable for them. And CL are laying the condition as stated above.

The developer would only be liable if this problem exsisted before Zurich's start date, This is for ZURICH to prove and not you so it is not your battle. If/When Zurich prove it is the developers liability Zurich would therefore have the proof of this.

[majik]

i don't need legal cover to sue Zurich, i can do this myself.

 

Yes im sure you can but this could prove very expensive and tiem consuming, If you have legal cover you expenses are covered up to usually £25,000 or £50,000 and Zurich are more likely to settle quicker if they are recieveing letters from another solicitor than from yourself.

 

Please bear in mind that the Zurich Guarantee no longer exsists and Zurich only have 2 people who deal with this scheme, all they do is confirm whether or not you have a claim, once that has been confirmed all claims are farmed out to CL. Zurich have no further involvement after this.

[tifo]

The developer would only be liable if this problem exsisted before Zurich's start date, This is for ZURICH to prove and not you so it is not your battle. If/When Zurich prove it is the developers liability Zurich would therefore have the proof of this.

 

2 of the problems are ongoing from the first 3 years when developer was repairing things and Zurich want me to provide proof of this. Developer won't be able to because they hold no documents for this (been longer than 6 years). I've been through the claims/complaints process with the developer (Gleesons).

 

Companies can dodge their responsibilities by using the 6 year limit but as a consumer i'm meant to have all paperwork handy. Loss adjuster wanted to see everything i had with the developer (from 9 years ago) to which i said i'll try and find what i can.

[majik]

2 of the problems are ongoing from the first 3 years when developer was repairing things and Zurich want me to provide proof of this. Developer won't be able to because they hold no documents for this (been longer than 6 years). I've been through the claims/complaints process with the developer (Gleesons).

The developer was only liable for first 2 years anything over this should have been through Zurich, so THEY should have everything they need, if they claim the 6 year rule then claim it back. THEY have to prove to YOU that they are not liable, it is up to THEM to provide the paperwork to prove this.

 

Companies can dodge their responsibilities by using the 6 year limit but as a consumer i'm meant to have all paperwork handy. Loss adjuster wanted to see everything i had with the developer (from 9 years ago) to which i said i'll try and find what i can.

 

As shown above, however i would strongly advise you to use your legal cover on either contents or building insurance as they will be able to get this solved much quicker than you caould achieve yourself.

[tifo]

Yes im sure you can but this could prove very expensive and tiem consuming, If you have legal cover you expenses are covered up to usually £25,000 or £50,000 and Zurich are more likely to settle quicker if they are recieveing letters from another solicitor than from yourself.

 

Please bear in mind that the Zurich Guarantee no longer exsists and Zurich only have 2 people who deal with this scheme, all they do is confirm whether or not you have a claim, once that has been confirmed all claims are farmed out to CL. Zurich have no further involvement after this.

 

Zurich have confirmed i can make a claim (after nearly 2 years) but now CL are again going through the processes of confirming if i can make a claim or not. I've then told them Zurich have done this which is why they appointed you but they're having none of it (yet). I told them their job is to check what items the policy covers and make an offer, it's then up to me how i repair what they're not paying for. It's these items they want me to make a claim against my buildings insurance. They seem to be moving away from the main claim which Zurich is liable for (thousands) and to small items which don't cost much to repair (hundreds).

[tifo]

As shown above, however i would strongly advise you to use your legal cover on either contents or building insurance as they will be able to get this solved much quicker than you caould achieve yourself.

 

I will pass it to the Ombudsman if i can't resolve with CL and then a solicitor after that. I have no problems making a claim or costs.

[majik]

Zurich have confirmed i can make a claim (after nearly 2 years) but now CL are again going through the processes of confirming if i can make a claim or not. I've then told them Zurich have done this which is why they appointed you but they're having none of it (yet). I told them their job is to check what items the policy covers and make an offer, it's then up to me how i repair what they're not paying for. It's these items they want me to make a claim against my buildings insurance. They seem to be moving away from the main claim which Zurich is liable for (thousands) and to small items which don't cost much to repair (hundreds).

 

Tell them that as Zurich has passed the "CLAIM" to CL there is obviously a claim.

 

Inform them that they are to fix "x" and that any other problems will be dealt with by you as you see fit as its not under their policy. They cannot tell you to claim through other insurances thay can only advise that you are not covered through their policy.

[tifo]

The developer was only liable for first 2 years

 

Some of the work from the first 2 years carried over to the 3rd year so the developer was still repairing things upto Aug 2002.

[majik]

Some of the work from the first 2 years carried over to the 3rd year so the developer was still repairing things upto Aug 2002.

 

This is something the Developer should have informed Zurich of and Zurich should have been involved with and should have inspected to confirm it was made good.

[tifo]

Inform them that they are to fix "x" and that any other problems will be dealt with by you as you see fit as its not under their policy. They cannot tell you to claim through other insurances thay can only advise that you are not covered through their policy.

 

I know this, but i have it IN WRITING that if i don't make a claim for items they want to pass onto my buildings insurance it will affect (PREJUDICE) my claim with Zurich. This is nonsense and unreasonable.

[majik]

I know this, but i have it IN WRITING that if i don't make a claim for items they want to pass onto my buildings insurance it will affect (PREJUDICE) my claim with Zurich. This is nonsense and unreasonable.

 

Ask them to point out where in their contract it states this and if they are unable to show you tell them you will again pass it to FOS as they are now deliberatley delaying the repairs and this is causing further damage and is something you will be pursuing Zurich for seperately.

[tifo]

I quote CL from a recent letter : There's NO insurance that can stop you carrying out your own repairs if you don't want to make a claim (for whatever reason, maybe to save NCD or excess)!

 

If you do not contact your Building Insurance regarding the likely claim you may prejudice both your Zurich Warranty claim and your Building Insurance if you undertake works yourself.

[majik]

I quote CL from a recent letter :

 

If you do not contact your Building Insurance regarding the likely claim you may prejudice both your Zurich Warranty claim and your Building Insurance if you undertake works yourself.

 

Ok, from reading the above nowhere does it say you have to contact them before they will proceed or does it even state you HAVE to make a claim on your building insurance.

 

It states you need to INFORM them of a LIKELY claim. You will not know what you are claiming for until after ZURICH have complated their work.

[tifo]

Also as below. I know it's unsafe which is why i made the claim and in the nearly 2 years it's taken them to look at my claim it's become worse. But this is not the main claim but minor work. Its clear they want me to make a claim for this against the buildings insurance OR it may prejudice my claim with Zurich.

 

Further to my visit yesterday to your property. We would strongly recommend that you contact your household building insurance regarding serious damage to the flooring, to the point that the floor may be unsafe. Your Building Insurance is likely to carry out investigation to ascertain the damage.

We advise that the floor is made safe as soon as possible to avoid any injury or further damage.