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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My neighbours ceiling collapsed due to water build up from

Customer Question

My neighbours ceiling collapsed due to water build up from my tenants shower. My new insurer refuse to pay for damage because they say problem pre existed due to slow build up of water and not a sudden burst pipe etc I share the freehold of property with my neighbour so we are jointly insured. loss adjustor advised pursuing previous insurer as incident developed during previous policy which is now expired. Also there is two weeks lapse of cover between policies, what can I do legally to argue my case
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Do you also have buildings insurance please?
Customer: Yes. Have buildings insurance but not contents cover
Customer: M
Alex Watts : Did the problem occur during this 2 week period?
Customer: Alex my new insurer won't pay out because they insist a long term seepage of water from a shower caused my neighbours ceiling to collapse and they say I should pursue my previous insurer as the build up happened during my policy term with them. However the collapse happened 8 hours after my new policy kicked in. Unfortunately there was a lapse of 20 days between insurer. Can they use thus against me? Who is actually liable? And on what grounds please?
Customer: Hi Alex I'm receiving hourly requests to rate this service, which I will do when my other questions are answered as I'm on monthly retainer contract with this service
Alex Watts :

Do they accept that the problem occurred more than 20 days before the insurance started?

Customer: The water builder up happened over an 9 month period due to an unnoticed failed shower sealant enabling water to see into floor/ downstairs ceiling.
Alex Watts :

Ok - then it should be that the insurer one or the other is liable.

Alex Watts :

Therefore you should write and invite the current insurer to resolve this matter with the existing insurer

Alex Watts :

One of them is liable unless they are saying this occurred during the non insured period

Alex Watts :

I am sure they are not saying this.

Alex Watts :

If they do not then you can raise an issue with the Ombudsman. They are independent and offer a free service. Their website is:

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.

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