Probate Issue with Ins Company

[gettingsorted]

I am executor of my mother's estate and when she passed away a couple of months ago I wrote to the Ins Company for her property with a copy will and death cert and they put the policy in my name (as Executor of the late xxxx) and are taking the premiums dd each month and we are paying more because its unoccupied.

 

I have just phoned them to start a claim for weather damage after the rough weather last night and they have informed me and they will not talk to me without a grant of probate - I asked why and they said because you won't pass security and we can't start any claim without a grant of probate and I asked but I'm paying the premiums and I gave you everything you asked for when she died.

 

Now the grant has been apllied for but will take another three weeks and I have got someone to do some emergency repairs but what do I do now - cause I alway understood that you had to notify your insurance company as soon as is practicable about any damage claims and they won't even talk to me.

 

It gets better - we have legal cover on our home policy so I could ring up and talk to a solicitor about this but its with the same company !!! so I don't really want to do this !!

 

Help !

[Endymion]

I assume you were named in the will hence the executor status. As such, you have to have a grant of probate to deal with most all financial details and other such things. Most, if not all of insurance policies will require a grant of probate to show that you have the authority to make a claim.

 

They are not being funny by asking for one as it will be standard procedure and you need a grant of probate in any event. personally I would have used their legal expenses panel solicitor to get it done free or at a reduced rate.

 

They probably should have informed you at the outset and you may be able to take issue with this if you have any losses as a result that you cannot recoup from them.

[gettingsorted]

Thanks for replying

 

Probate has been applied for and will take another three weeks - problem is that their T & C say I need to tell them as soon as the damage occurs - but the claims dept totally refuse to talk to me until they have the grant - the renewal people have had no problems talking to me about the renewal - all correspondence goes to my house and the dd is paid from our bank account. Nor did any of the other depts when I intially notified them of the death. At no stage did they say I needed the grant to claim. What is frustrating me is they are not consistent with the requirements.

 

I am now trying again and I think that if they still refuse I will send them a special delivery letter with details of the damage to the property together with the date it happened and then if they refuse the claim when I finally get the grant because they weren't notified in time I can bring my letter to their attention.

[honeybee13]

I agree with your idea of writing, that's what I was thinking as I read the first part of your post.

 

HB

[gettingsorted]

Thanks just soke to them again - still won't accept the claim but will put in notes that I have phoned. So I will write later - wanted pics of damage but unfortunately I can't do that as I have already sent someone over to fix it as it was dangerous and I didn't want it falling on anyone !

 

They did apologise about the situation at least this time

 

Thanks so much for getting back to me

[Endymion]

Why not get your lawyers to phone them to explain politely that it is in their best interests to deal with the claim expediently now as it may well be a further claim on the policy by a third party for injury or property damage if repairs are not dealt with urgently.

 

They are not disputing the policy is in place and paid up, just the probate point.

Edited July 16, 2010 by Endymion

[gettingsorted]

Will ring solicitor later and may do that - thanks