House Insurance Claim

Renbar1

Hi,

I put in a claim for the roof of an outbuilding that collapsed during the heavy snow. My policy says that the Buildings includes my home and outbuildings. However, Quinn Insurance are saying that they will not cover it as it did not have a slate/tile roof. But their policy document implies it is only my home (as in the house I live in) that has to have a tile/slate roof. I presumed this was to stop people claiming for houses with sheet roofing. The outbuilding has a foundation and brick walls but because it had sheet roofing they will not cover it.

Anyone ever have a similar problem? :mad:

oldyouth

Can I ask you what the building was used for?

Renbar1

Originally was a stable, now used for storage of my recycling, lawnmower etc.

oldyouth

Right, so given what you use it for, it is a domestic outbuilding and therefore is a covered item under your houshold policy. I think you are right in your assumption that you would have only been asked about the construction of the roof for the main dwelling and not outbuildings so they can't claim non-disclosure

Anyway, standard construction includes metal roofs as generally the question is phrased along the lines of 'Is the roof constructed of slate, tile, metal, concrete or other non-combustible material'

I think you should stick to your guns. It is up to them to point to the exclusion under the policy. If you get nowhere, appoint a Public Loss Adjuster who will work on your behalf and put manners on the insurer (for a fee)

PS I take it the roof was in fairly good nick before the snow. It could be that they are stating it is wear & tear

Renbar1

Yep, roof was perfect, the building is only 5 years old. It has been through storms, high winds, the heavy snow last year without a problem. Not so much as a leak. It was the snow this year that caused it to collapse (as many others did too).

The wording on the policy is :

'Buildings - the private home at the address shown on the schedule. This includes domesetic outbuildings, garages, greenhouses, swimming pools, tennis courts, hot tubs, septic tanks, fuel tanks, terraces, patios, decked areas, driveways, footpaths, walls, fences, gates, hedges and fixtures and fittings. Your home must be built of brick, stone or concrete and roofed with slate, tiles or asphalt unless described differently under any endoresement.'

I presumed 'your home' meant the house I actually lived in. They are saying 'your home' includes all the buildings as per the definition of 'Buildings' above. Therefore the outbuildings are only covered if they have that spec. That would mean that everything covered in their definition of buildings must have a slate, tile or asphalt roof. But I have never seen a greenhouse, tennis court, hot tub, septic tank etc. with a roof!!!

oldyouth

I think you are spot on with your interpretation. However, my experience is that particular insurer tends to dig their heels in once a decision is made.

Give tham another go with your argument as described above, failing that, I would consult a public loss adjuster. He'll negotiate with insurers for a % of the settlement, so it is in his interest to get something from them

Renbar1

I was advised to lodge a complaint with the Ombudsman. Would you recommend getting a Public Loss Adjuster also? And should I get a solicitor involved or threaten them with this?

oldyouth

Renbar1 wrote: »

I was advised to lodge a complaint with the Ombudsman. Would you recommend getting a Public Loss Adjuster also? And should I get a solicitor involved or threaten them with this?

A public loss adjuster is a professional who knows how to deal with insurance companies. Their job is to get you a settlement by quoting chapter and verse to insurers. The usually operate for approximately 10% of the claim but they know what they are doing. Odds are they have come across this exact scenario with the same insurer before, so they will either tell you that you should quit now or that they will pick up the case on your behalf.

You have the right to go to the Ombudman, but I would choose this route. Solicitor would be my 3rd choice

3DataModem

The first line says 'the private home... includes..."

The second line says 'your home must be built of...."

So they have defined the home as including outbuildings, and then in the same paragraph defined what the home bust be built of.

I am afraid to say I think you don't have a leg to stand on. I understand your interpretation, but to me it is clear that the home (including the outbuildings) my have the required roof.

Sorry mate, just my 2c.

oldyouth

It's a fair enough point 3DataModem but by including greenhouses in the definition, I think they have left themselves open in that there is no such thing as a greenhouse with a slate or tile roof. It is also implying that swimming pools, tennis courts, patios etc MUST have a roof

A seasoned loss adjuster would argue that there is a chance of interpreting the wording another way, which means it has to fall for the benefit of the policyholder

thebiglad

Renbar1 wrote: »

I was advised to lodge a complaint with the Ombudsman. Would you recommend getting a Public Loss Adjuster also? And should I get a solicitor involved or threaten them with this?

Ombudsman is for free, may take a couple of months but as it is Quinn you are dealing with a Loas Assessor may just get them to dig in their heals.

Any decision of the Ombudsman will be binding on Quinn but you would not have to accept and could still contact a Solicitor.

To be honest, if the Ombudsman should resolve the case to your satisfaction if it is interpretation of policy wording.

The benefit of a Loss Assessor will be that they should 'maximise' your claim so even with 10% off you may still come out ok and you get to stick it to Quinn.

Renbar1

Thanks a million everyone for all the advice. I have no intention backing down, will keep you all updated.

One last thing, when I told them I was not happy with their decision they said to send in a letter/email stating I would like final response letter. Should I do this or not? I am afraid they are trying to trick me !

oldyouth

Write and ask them for a letter outling the reason why they are repudiating the claim. If they don't get the wording of that spot on, it could work in your favour