How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask cityguru Your Own Question

cityguru
cityguru, Solicitor
Category: Scots Law
Satisfied Customers: 13323
Experience:  solicitor
18726264
Type Your Scots Law Question Here...
cityguru is online now

In 2012 I had building insurance with an Insurance Company.

Customer Question

In 2012 I had building insurance with an Insurance Company. During 2012 I had various problems with a piece of adjacent derelict land as the owner a multi national company was not maintain the ground. The ground was covered in green vegetation which would grow to about 4 metres in height and I was having to ensure that it did not encroach on my land. In May 2012 this ground caught fire and Fire and Rescue had to attend. The owner of the land had his Landscape team attend and put up a Wooden fence around the site cut down the vegetation and continually did this. It turned out that it this plant was Japanese Knotweed. I took this up with the company and they put in a plan to deal with it.

I changed my insurers in October 2012 and decided to sell the property. After many viewings and no sale I then decided to part exchange for a new home. But this fell through today because of the Knotweed. Although people contacted all banks and mortgage lenders they have all refused to issue a mortgage on my house until the Knotweed is eradicated. My insurance company says that I should contact my previous company as the issue had been on going since May 2012. Is this correct or would I need to see if I can get Legal Aid as the house is classed as unsellable and make some attempt to have the land owner buy the house.
Submitted: 3 years ago.
Category: Scots Law
Expert:  cityguru replied 3 years ago.
Hi thanks for your question. I am sorry to hear about your problems. If I understand it correctly you identified the problem to be Japanese Knotweed whilst insured with one insurer but then changed insurer at a later date. The new insurer is denying you cover.
If my understanding is right then I am afraid they are correct. You are obliged under any insurance policy to notify potential claim when they arise. In addition you are obliged to tell a new insurer of any circumstances that could lead to a claim or are relevant to the insurance when you take it out. There is a general legal obligation to make full disclosure even if you are not asked the question on the proposal form.

So you should have claimed under the original policy. I am slightly surprised actually that the policy covers at all if the weed is on neighbouring land not yours but there it is.

It sounds like a very serious issue and I am sorry not to give you mode favourable advice but I think you need to go back to the original insurers as soon as possible - you may be too late if you did not notify them at the time.
Customer: replied 3 years ago.

Thanks


I will contact original insurer.

Expert:  cityguru replied 3 years ago.
Good luck getting this resolved

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Last | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.com/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
  • http://ww2.justanswer.com/uploads/NU/nursescare4u/2013-3-31_03429_JApic.64x64.jpg findinganswers's Avatar

    findinganswers

    Internet Researcher

    Satisfied Customers:

    22
    Internet Researcher, Nurse for over 17 years, and can find answers for you!
  • http://ww2.justanswer.com/uploads/PR/ProMBA/2012-6-7_154051_beach.64x64.jpg ProMBA's Avatar

    ProMBA

    Internet Researcher

    Satisfied Customers:

    3
    I'm an owner of three businesses, with both undergraduate and graduate business degrees from top tier universities.