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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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After i exchanged contracts and occupied a flat, I received

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Hi After i exchanged contracts and occupied a flat, I received the insurers policy brochure showing exclusions etc The insurance certificate was received before contracts exchanged but said for exclusions refer to policy.The insurer has turned down a claim for defects because of an exclusion clause shown on the policy which I could only have been aware of after receiving policy after I'd exchanged contracts. Can the insurer enforce the exclusion despite not receding policy details 3 weeks after contract exchange?
Assistant: Where are you? It matters because laws vary by location.
Customer: In Uk
Assistant: What steps have you taken so far?
Customer: I'm thinking of notifying the omsbudman as I think it is unfair
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Not at this stage, other than I made a my claim in April 2014 and it is still not resolved

Hello my name is Jamie and I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

What is the value of the claim?

Customer: replied 10 days ago.
It's about £200k it is coomon parts latent defects in a block of flats. I spoke to you about yesterday. I was unable to source what you suggested on the UK gov website. So am approaching from another angle.

You should write to the insurance company and make a complaint.

They will investigate the matter and report back to you.

If they do not uphold the complaint you can then go to the Financial Ombudsman.

They offer a free, independent service and can examine your complaint for free at:

www.financial-ombudsman.org.uk

That should resolve the matter for you.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 10 days ago.
Just wanted to know if the policy exclusion was legally enforceable given it was only received after signing contract.

If it was included in the policy which referred to another document, then yes it can be.

Its like national rail terms of carriage. Your ticket refers to this. You are not given them for each journey

Does that clarify?

Customer: replied 10 days ago.
To clarify are you saying that the insurance certificate received prior to contract exchange and which refers to the said policy document that notifies exclusions.In law that it doesn't matter when you receive the policy because they have indicated on their certificate of possible exclusions.

Correct.

I am not saying there isnt an argument, but its incorporated into the contract.

Using the national rail example above.

Does that assist?

Customer: replied 10 days ago.
Sorry not really I'm not a rail user

The principal is the same.

The document refers to other terms. Therefore its valid.

Does that clarify?

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