Hello I am a lawyer with over 15 years experience I will try to help you with this.
Can you just clarify for me is it the insurers for the downstairs property who are writing to you? What in general terms is their letter about and was the cause of the elak the defective machine itself with no fault in the fitting of the machine?
Is that what the letter is mainly about or is it a letter threatening action against you. How confident are you that the fitting was not part of the problem?
Did Argos or any plumbers make any comments about the cause of the leak? Did they ask for details of your insurers? You will probably need to notify your insurers as there is a potential claim against you and if you have insurance cover for this you will almost certainly be under an obligation to tell them about any potential claims as soon as you become aware of them. A failure to do so could lead them to refuse to pay up. I think you will need to tell them who did the fitting but will need to think of ways to rebut any suggestion that defective fitting caused the leak. Was the defect that led to it being replaced one that caused a leak?
I think my earlier answer stands, you will need to tell them I think and also notify your insurers separately.
Yes but the claims making and claims defending departments may be quite separate within the organisation. The letter has come from a 3rd party instructed by the insurance company and it would therefore be prudent to inform your insurers yourself. You can probably tell that I have a somewhat sceptical attitude about insurance companies but this is based on experience I am afraid.
Who would have to pay and how much will depend on a number of factors. However the basic position if the insurers cover the losses is that you will have to pay the value of the excess on then insurance policy.