The adjoining wall of my semi detached property was damaged when my neighbouring rental property had a water leak.
My insurers approved quotes for re-plastering and re-painting, but pointed out that any payout would of course be less my excess and that my future premiums would likely increase due to the claim, they were not however interested in pursuing the claim with my neighbour’s insurer.
I decided to take this up with my neighbour’s insurer rather than be left out of pocket for an incident which was not my fault. The insurers have however decided not to pay this claim as it was an unforseen incident and insist that I should claim on my own policy. I quote their reply below…
“As promised, I have discussed this matter with a more senior colleague and can advise that our decision to deny liability remains.
We are satisfied that there is no negligence in light of the stringent checks and inspections in place by the letting agents. On being notified of the leak, they acted prompted in rectifying the issue.
This cannot be considered as Accidental damage. It is an unforeseen isolated escape of water with there being no previous history of an ongoing leak which had not been rectified.
Any liability to the third party can only be considered if there was negligence which in this case there was not.
It is for the third party to present their claim to their own insurer who in turn will approach us whereby we will confirm our liability decision to them “
Can they refuse on these grounds ?
Am I unreasonable in not wanting to be out of pocket over this ?