We are having an issue with a cowboy bathroom fitter, who finished the work, got paid up and then a number of things have started going wrong. As he will not come back to fix the issues, we have tried to use our Legal Protection Cover under our home insurance to pursue some of our money back.
The insurance have confirmed that we are covered for the contract dispute
Your policy provides the following cover:
A. To pursue a legal action directly arising from:
ii) You buying or hiring goods or services for your own private use.
However, they are relying on an exclusion under the policy to void the cover
We will not pay for:
5. Claims directly or indirectly caused by, arising from or contributed to by:
iv) Anything to do with building, rebuilding, converting or extending all or part of your home.
The reason they are relying on this is part of the contract was having a wall removed and reinstated in a different location.
My issue is that the removal of the wall is not included within the list of issues I have with the bathroom fitter and therefore does not form part of my claim.
Are they right in voiding the cover on the basis that the wall formed part of the overall contract or could my claim be against the parts of the contract where issues have arisen? I cant find anything that states the claim is against the contract in its entirety.
Thanks for your help.