Insurance excess --who pays this?

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    Insurance excess --who pays this?

    Hi All,
    I have a question about the insurance excess. Policy in name of all three flat owners and they have all contributed to the insurance policy however who now pays the excess if there is a water escape claim?
    Also management company and 2 directors are not allowing me access to documents and receipts etc? I have asked and I am being ignored.
    Thank you,

    #2
    Q1: What happened exactly? Why do you necessarily assume that the flat owner who caused the problem should not pay all of it (not just the excess). Someone pays whether via higher premiums or otherwise so why should the other flat owners lose out. Depends on the details.

    Q2: You should in theory get all the documents. Refusal is a criminal offense, and may also be iun breach of your lease. In practice there is nothing you can do apart from taking the to the FTT via reasonableness of service charge dispute.

    Comment


      #3
      Dear Andrew,
      Thank you for responding.
      In the lease it states -to pay the lessor -(management company)
      3.3.2 on demand the lessees proportion of any excess payable under the insurance policy of the building following the occurrence of an insured risk;
      I contacted the insurance company today for clarification. They call the excess a deduction. The policy is in the name of the freehold company. They paid for the insurance as per lease percentages so between three people.
      I assumed, I know you should not assume however that as all three had paid for the insurance policy then all three would contribute to paying the excess or deduction? So say I paid a third then I would only need to pay a third towards the deduction. Does that make sense?

      Comment


        #4
        Oh, FFS.

        Are you really saying that you had a leak from your flat, you claimed on insurance paid by everyone, and now you think your neighbours should pay a share of the excess also? I bet they love you.

        Comment


          #5
          The mere fact that the insurance policy might cover it, does not mean that a claim should be made. Depends exactly what happened and what was damaged.

          What did happen?

          One extreme: If you got a cowboy plumber to fit a new toilet and 100,000 liters of water went all over your priceless paintings and into your neighbours flat destroying his TV and stamp collection that is entirely something for you to sort out and pay for the whole lot.

          Other extreme: If a pipe in the wall burst and caused the wall to crack.

          Comment


            #6
            In first instance I am trying to understand the process.... I am not saying I should or should not pay or ask others to pay!
            The water escape was from ground floor so no damage to any one else flat thank goodness...only my own.

            Comment


              #7
              Originally posted by JK0 View Post
              Oh, FFS.

              Are you really saying that you had a leak from your flat, you claimed on insurance paid by everyone, and now you think your neighbours should pay a share of the excess also? I bet they love you.
              This has cracked me up

              OP - understanding the process implies a question mark that the flat at fault, and that had damage that was repaired claimed shouldnt pay the excess. Of course they should. This isnt meant to sound harsh but usually people only want to understand the process to see if there is a legal loophole - morally, neither of the other properties should be paying any of the excess.

              My view may be slightly different if other property had been damaged (regardless of the source of the damage), but in this case only yourself had the insurable interest in the property damaged and so its wholly wrong to even try and get others to cover part of the cost.
              Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

              Comment


                #8
                Originally posted by Milly26 View Post
                The water escape was from ground floor so no damage to any one else flat thank goodness...only my own.
                **Was the leak from your own pipes that go round your flat that feed the radiators, bathroom, kitchen, etc.
                If so, you are responsible to maintain and repair those items at your cost.

                If the water pipes that serve up to the flat that is usually the freeholders ( all of you ) to pay to fix.
                Such as Water pipes coming in from road to the flat.
                Water pipes going through the building from that pipe.
                Pipes going up, through, across the building to serve the other flats

                Where the main water pipe enters your flat, then from that point onwards is your responsibility.

                If your block insurance covers for your internal pipework, then I would remove that from the block policy, as i would refuse to pay insurance for someone elses pipe work at **
                Contents insurance paid for each flat by the leaseholder should cover water leaks from the leaseholders pipes.

                Even if the building insurance ( Block insurance ) covers you for the pipes you are responsible to maintain, then, in my opinion, your lack of maintenance / inspections ( YES - you pull up the floor boards to inspect ) that results in a leak, and incurs an excess charge, that excess charge should be paid by the flat that caused the leak, PLUS the increased annual increase that the next years insurance will be because a claim was made.


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