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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Have a problem with building insurance. Cracks have appeared

Resolved Question:

Have a problem with building insurance. Cracks have appeared in some walls. I arranged a structural engineers report which stated it was a subsidence problem. I approached my insurance company who arranged a further report. Their report states it isn't subsidence but a roof problem(not covered on their insurance). How do I proceed with these conflicting reports?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if you know whether the person who prepared the insurers report has qualifications please?

Customer:

Yes. these are: ICIOB, ABEng,RMaPS,MFPWS. Not sure what they stand for.

Joshua :

Thank you. Finally have you submitted the insurers report to your structural engineer for comment?

Customer:

No, not yet.

Joshua :

Thanks. The first step would be to seek your own structural engineers comments in relation to the report and if appropriate to invite him back for a second inspection in order that he can prepare a response if he stands by his original report. From there you can refer the matter to the insurer as a complaint advising that you consider in view of the advice you have received that their report is incorrect and that they either accept the claim or commission a third independent report from an independent third party

Joshua :

If you are not satisfied with their response you can refer your complaint to the Financial Ombudsman who will independently examine the insurers actions and make an order as to any further investigation that is required in order for them to determine the claim.

Joshua :

If they find in your favour they will order the insurer to pay out on the claim. Their determination is binding upon the insurer though not on you. There is no charge for their service.

Joshua :

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

Joshua :

Is there anything above I can clarify for you any further?

Customer:

No, thank you. Not at present.

Joshua :

If I can assist any further as the situation develops please do no hesitate to let me know.

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