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It is down to the property owner.
Normally you make certain declarations as what you are telling the insurance company is true
If you did not know there were ever problems you would declare so
Then your insurance company would cover that risk
If you know it suffered from movement and failed to declare that - then that would be a ground to cancel the insuance
But if there have been problems and someone did not know, then the insurance company should pay out
But the declarations are down to the policy owner who is normally the owner
Does this answer your question and can I clarify anything for you about this today please?
It was all handled by the insurance brokers who we have been with for years. We didn't receive any paper work apart from the letter to say they suggested a switch to a better deal then confirmation that that had been done. When the insurance was swithced we had no idea of any problems. The first survey said there was subsidence, but the subsequent structural engineer said that there was no current movement it was historic.
Should the broker have made more enquiries of us?
Yes - because if you knew and failed to declare your insurance could be void.
Does that assist you?
One more question then? Should we be arguing with the broker that they were negligent? They would obviously have been given a commision for taking out this switch with AxA?
Potentially yes. They should have made sure there we no changes from previous years