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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I made an insurance claim with Allianz Insurance for

Customer Question

Hello I made an insurance claim with Allianz Insurance for theft in one of my rental properties in Sept 2013. It took them 24 weeks to access my claim and subsequently declined to pay out on my claim. I complained to Allianz Insurance and then to the Ombudsman
and after 2 years of arguing the case the Ombudsman has upheld my complaint and advised Allianz Insurance to pay the claim. They have also advised them to pay for loss of rent as well. The property was uninhabitable due to the theft and was empty from Sept
2013 and it was relet in Jan 2015. I decided to go ahead with the works even though I was still arguing the case with the insurers and am still awaiting payment for this claim. Therefore I am claiming for loss of rent from Sept 2013 to Jan 2015. The loss adjustor
dealing with this has confirmed that Allianz Insurance are only going to offer to pay me loss of rent for 26 weeks, as they consider this to be an acceptable amount of time to carry out the repair works and relet the property. I am disputing this as they had
only just turned my claim down at 24 weeks? and my opinion is that the 26 weeks should start from when they have agreed to pay out on the claim, so the works are funded by the insurance money. Therefore I believe that I am entitled to loss of rent for the
full period I was losing rent? Or secondly the 26 weeks should start from when they provided a decision on the claim? So the minimum I should receive should be the 24 weeks to the point they made a decision and then 26 weeks from this date to get the works
completed and the property re let. Please advise on the legal prospective on this matter? Many thanks David
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is your total loss please?
Customer: replied 1 year ago.
Dear AlexThe claim for damage was £5350.00 (insurers are not disputing this) with the loss of rent for 67 weeks coming to £5695.00
so a total loss o £11045.00Kind regardsDavid
Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk  or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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