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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71154
Experience:  Over 5 years in practice
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I took out landlords insurance.Had to make a claim relating

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I took out landlords insurance.Had to make a claim relating to a water leak which had been going on long term before I even bought the house. insurance assessor came out, I put quote in for plastering repairs of £950.00. I presumed my excess would be £100.00. I received an e-mail to proceed with the work (no mention of excess). I then forwarded invoice of final completion of work after paying the plastering company in full.After chasing as to when I would get my cheque I heard nothing. So Monday, 2nd Dec I phoned broker who informed me there was no claim as the excess was £1000.00. Not once did the broker talk the claim through with me even knowing from day 1 that this was a water related claim. I'm now out of pocket as I've paid for the work. I agree after checking the policy that it states in the small print about water related claims. However, the broker admitted that he should of checked my excess details before giving the instruction to go ahead but as far as they are concerned the matter is closed! Do I have any recourse as to not receiving proper advice? Many thanks. Anne Butler. XXXXXXXXXXX

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

I presume you had sight of the documents? Or not?
Customer: replied 4 years ago.

No I didn't check policy before making the claim. I thought my broker would explain any issues relating to the excess but as he didn't I presumed it was the standard £100.00


I am not sure I can give you good news. If this is in the small print then Im afraid it was for you to check the policy.

Also, they will argue that you are not out-of-pocket because you either pay the money or have the water damage remaining which was obviously not an option.

You do have a potential claim against the selling broker for not explaining details of the policy to you. If you bought the policy online then you will have agreed that the terms suit your purposes. If that is right then I'm afraid you have no claim or complaint.

If you did not buy the policy online then you can complain to the financial ombudsman about the broker. That is not a particularly quick service but it is open to you.

I'm afraid that you have no credible complaint against the insurance company from the details here.

You have a potential negligence claim against the broker, but for £900, it is probably not financially viable I'm afraid.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

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