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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70195
Experience:  Over 5 years in practice
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I received a letter yesterday from a insurance claims department,three

Resolved Question:

hi,i received a letter yesterday from a insurance claims department,three years ago i layed a tile floor in a bathroom,the guy was disabled so the floor area had wheel chair traffic,in the letter it say,s i was negligent becouse the grout cracked and water got under the tiles and rotted the floor,the job was guarateed for 12 months,also i was never ask to repair the grout,i am now retired and have never had a situation like this.please advise.best regards TERRY
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Were you insured for this type of thing?
Customer: replied 1 year ago.

Hi i have not got the exact date of the job i did but it was over three years ago,also the work is only guarateed for 12 months,if there was a problem with the floor i should have been notifide then i could have done some thing about it,i cant fix any thing i dont know about,i will write a copy of the letter for you later.best regards .terry

Expert:  Jo C. replied 1 year ago.
Ok.
So were you insured?
Customer: replied 1 year ago.

YES I THINK SO

Expert:  Jo C. replied 1 year ago.
have you reported to them?
Customer: replied 1 year ago.

I WILL HAVE TO CONFIRM THE DATE OF THE WORK,THEN I WILL SEE WHO I WAS INSURED BY,I AM NOT WITH THE SAME COPANY NOW BUT THAT SHOULD,NT MATTER,WILL IT?

Expert:  Jo C. replied 1 year ago.
No. If they covered you at the time then they are liable. They will deal with it for you. You need to get to the bottom of that because you may well be under a duty to disclose. Also, I wouldn't start sending off any letters that your insurers haven't seen.
The only real question is whether you were negligent or not. It doesn't matter whether or not the guarantee was in place or how long it lasted.
If you were negligent then the next question is whether you were allowed a reasonable opportunity to put this right and clearly you were not. There might be a justification for that or there might not depending on the severity of the fault.
If you are an experienced trader then it is quite unlikely that you laid the grouting negligently. Anybody can make a mistake of course but it isn't all that likely.
Either way, I would leave it to your insurers. They are liable on your behalf.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

ok thank you jo,i will let you know the out come.best regards terry

Expert:  Jo C. replied 1 year ago.
No problem and all the best.
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