Tuesday, 28 August 2012

Insurance Excess - who pays it?

This has been the subject of debate for many years, who should be responsible for paying the excess when making a claim against a block insurance policy?

With many of today’s managing agents having been challenged about insurance commissions received now opting out of dealing with insurance claims altogether this is a question that seems to get raised more and more.

If an insured damage is suffered to the communal parts of the development the answer is simple the management company will pay it.

What happens though if your property suffers water damage from the flat above?

The terms of the policy will no doubt read along the lines of the policy holder or claimant will be responsible for the excess which will automatically be deducted by the insurer upon settlement of the claim.

As most block policies are in the name of the management company then that would make them the policy holder and therefore they will be responsible for the excess?

In most cases the claim form will be completed by the managing agent on behalf of the management company they represent, so again in this instance the claimant and the policy holder are the management company and therefore responsible for the excess.
 
If your managing agent no longer deals with claim handling then it is up to the owner of the property that has suffered water damage to make the claim and then they will be responsible for the excess and recovering those costs from the flat above.

Depending of course on the cause of the water damage from the flat above is it fair for them to have to pay the excess?

If they were negligent or refused to deal with an escape of water despite being advised then yes by rights they should pay the excess however what if the residents of the flat that suffered the water damage went away for a few days and the water leak went un-noticed should the flat above then be responsible?

Another way at looking at it is if both flats had separate insurance then the insurance company dealing with the water damage claim would look for reimbursement of all costs including the excess from the insurer of the flat that was the source of the water leak.

With a block policy all properties are insured as a whole and by one insurance company therefore the insurance company would look to reimburse costs from themselves with the exception of the excess which would be payable by the policy holder.

Therefore and what we advise our clients is unless the cause of the water damage is due to a person’s negligence the excess is paid by the management company through the service charge funds. Needless to say the final decision rests with the client!

It is therefore equally important when arranging block insurance cover to ensure you do not sacrifice a lower premium in favour of too high an excess charge as you can never guarantee the amount of claims that will be made and that could lead to a serious budget deficit.

Tuesday, 21 August 2012

Dispatches- property nightmare

If you missed last night's dispatches you can catch it again here:

http://www.channel4.com/programmes/dispatches/4od/player/3399948

Other media soon jumps on the leasehold bandwagon:

http://www.guardian.co.uk/money/2012/aug/20/leasehold-property-laws-sweeping-reform-thinktank


So is Grant Schapps MP the housing minister wrong not to immediately look at regulating the industry and who to regulate - Freeholders, managing agents or the directors of resident management companies?

I can see why the current and previous Governments have left it alone just too many scenarios to have to deal with!