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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13329
Experience:  Solicitor with more than 30 years experience
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At my home we are on septic tank which was installed 10 years

Customer Question

At my home we are on septic tank which was installed 10 years ago, recently the tank has stopped working properly and I contacted my insurance company who stated after numerous phone calls that the tank was not fitted properly and subsequenly they would not entertain the claim, to which I said it has worked fine for ten years if it had not been fitted correctly it would not have worked for this length of time with no problems, they would not alter on their decision. They have never been to inspect the property, only spoke to a contractor who came to look at the problem (the contractor was appointed by me) he told me they put words in his mouth and said thing he didn.t even say regarding the tank, I would like to know where I go from here
Submitted: 5 years ago.
Category: Law
Expert:  Senior Partner replied 5 years ago.
Can you explain what insurance policy you are trying to claim on? What is the insured risk? Flooding? What damage have you suffered?
Customer: replied 5 years ago.

Flooding and sewerage backing up into the house, the only damaged sustained to date is in the car paring area which at present is flooding with effluent

Expert:  Senior Partner replied 5 years ago.
This is likely to depend upon the precise wording of the policy document. Normally damage form overflowing pipes and domestic water installations is not subject to a maintenance obligation. although loss or damage from wear or tear etc may be excluded. Have they referred you to the wording of the police they are relying on?

What are you trying to recover? You an only usually recover for the loss caused by flooding not the repair or maintenance cost itself.
Customer: replied 5 years ago.

We are covered for flooding etc, but whar is causing the flooding is the septic tank so we are looking for the cost of repairing or replacing the septic tank

Expert:  Senior Partner replied 5 years ago.
That does not sound like an insured risk. I would be surprised if it was covered by your policy It is no different form your boiler breaking down or a window frame needing replacement. Unless you carry specific warranty or other cover for it it is part of your maintenance obligation for the property. Do you have any guarantee or warranty on the tank?

The only way I can see it might be covered is if the cause of the damage was subsidence or land movement which is insured as a risk. General house repairs are not insured unless caused by an insured risk.
Customer: replied 5 years ago.

Thank you for your assistance

Expert:  Senior Partner replied 5 years ago.
No problem - sorry not to give you the answer you might have hoped for but do read the policy and make sure you get the rejection in writing so if they are wrong you can complain about it.