even though they are not covering it, the rejected claim is going to go against your mothers policy at renewal, as they will have to pay the assessor, so bit of a double kick to the nuts with that one Former Mod/Member, with the most post & Chicken George Arch nemesis

I’ve told them that they appear to be using one of their terms to nullify a claim under storm damage terms and that’s not right. The rendering has been solid as a rock until this storm.

The assessor states there’s evidence of wear and tear but he’s judging the wall post storm damage, he’s not seen it before. It also does not state they can refuse a claim because a patch repair has been done at some point. Only wear and tear.

Their terms do not define what wear and tear is, so a vague or ambiguous term must be interpreted in a manner least favourable to the party seeking to rely on it. Contra proferentum rule.

Worth a shot  LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

The Doctor wrote:

Insurance sent an assessor out today and they have refused to cover it after all. They said it’s gone during the storm due to wear and tear over the years and there’s evidence of patch repairs at some point in the past.

It’s my mums house and since my dad died she has no income and is living off savings so she can’t afford to pay to have it done so it’s being left in the state it’s in. The only hope is that someone can patch bits of it up for low cost.

so on the basis of the older something is, the more wear and tear there is likely to be, what is the point of insuring something that is old ??

I don't insure my 13 year old springer spaniel as the monthly premium would be about £60 a month, although the only thing she has ever had major is being speyed when she was 8 months old and the premium + excess negates most of the treatments she is likely to need at this age (anti biotics etc)

maybe I should just buy an older car and not insure that as due to wear and tear they wont pay out for anything ??

Unfortunately render is considered a wear and tear item, which it ultimately is. It's like break pads in a car. It's job is to protect the surface underneath and sacrifice itself at the same time. It will always wear out and will need replaced at some point.

It does sound like a cop out, I know, but I would agree with the insurer. Have you gone around d the rest of the render gently tapping it with say a handle of a screwdriver? If any of it sounds hollow, it's ready to come off. Your original photo would suggest that was the issue with at least that one point.

Sorry it has happened to your mum and her situation but I don't think you'll get anywhere fighting the insurer. Hopefully you can find a reasonable solution for her. Learned to drive in 2011.
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I agree and think that the only outcome will be in their favour but it’s a case of nothing to lose. They do pay out for rendering apparently but only if it’s decent rendering that’s been damaged by a storm. As opposed to ours which is old and worn and been damaged by a storm. LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

But it’s still storm damage, regardless if it’s new/old rendering it’s still STORM DAMAGE. When you renewed your insurance did they ask you have you got new rendering or old rendering ? Did they say if it’s old rendering & you have a storm your not covered? I say fight it

They are just relying on the wear and tear card. We will challenge it through the ombudsman purely on a nothing to lose basis. LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

I think you will lose on this one Doc, rendering is used as a seal to porous brick or stone work and needs to be maintained, it is and always has been liable to cracking and thus requires painting with a exterior paint to keep its waterproof properties specially the lime type rendering. If there has been no painting within the last 2-5 years you're on a losing wicket, the other clause that the property should be kept in good condition would come into play. my PC is slightly to the right of Genghis
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they just use the wear and tear card as their easy get out.

when the slave cylinder seals blew on my last manual FL2 and contaminated the clutch plate and flywheel, the warranty company refused to pay by saying the seals were wear and tear and I shouldn't have driven it with them leaking. There were no visible oil leaks and no way I could have known until the clutch started slipping badly which is when I found out about the seals from the garage.

insurance companies are just happy to take your money but refuse to pay out at every opportunity they can. Conning rip off

The Doctor wrote:

They are just relying on the wear and tear card. We will challenge it through the ombudsman purely on a nothing to lose basis.

Did your questionnaire ask if you had patch repairs on the rendering Doc? If not, then that as absolutely nothing to do with claim.

Slippery as a bag full of congers.  If it wasn't so bad it'd be funny.

🐑
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No it didn’t. Thing is, there is no specific definition for wear and tear so if we had brand new rendering in 2017 and it got damaged by a storm, they could play the wear and tear card there. It practically has no limitations and it’s the insurers get out of jail free card. LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

RogB wrote:

The Doctor wrote:

Insurance sent an assessor out today and they have refused to cover it after all. They said it’s gone during the storm due to wear and tear over the years and there’s evidence of patch repairs at some point in the past.

It’s my mums house and since my dad died she has no income and is living off savings so she can’t afford to pay to have it done so it’s being left in the state it’s in. The only hope is that someone can patch bits of it up for low cost.

so on the basis of the older something is, the more wear and tear there is likely to be, what is the point of insuring something that is old ??

I don't insure my 13 year old springer spaniel as the monthly premium would be about £60 a month, although the only thing she has ever had major is being speyed when she was 8 months old and the premium + excess negates most of the treatments she is likely to need at this age (anti biotics etc)

maybe I should just buy an older car and not insure that as due to wear and tear they wont pay out for anything ??

A few years ago our block of units was on a "black list" which from my understanding all the insurance companies share & we could not get insurance.

Literally 15 minutes to midnight our building got insurance via a favour! I am the longest owner in the building & on the committee. We have a long track record of maintenance & replacing things. Like windows, balustrade, pluming etc. It's a long list. Only $5k of claims over 20 years! Last year we replaced the electrical meter room & garage roof. Also part or it was part of our long term asbestos removal plan which we had a long before government requirements!

People comment on our well maintained building & we already have $30k in the sinking fund after the last round of upgrades.

We could not get insurance when there are so many building which should be condemned!

If you try to claim for anything be aware of the unofficial black list. You might find it more difficult in the long run. I believe insurance companies are gradually setting up the entire system so there are no risks, so no payouts.... in other words a cash cow!

We need an asbestos report & long term plan & it must be given to anyone doing any work on the building, safety report, fire report, locks on windows so kids cannot fall more than 2 metres, binds with no loose cords, electrical safety RCD, now hot water cannot be more than 50°C at the tap.

I then walk down the street. Foot paths I can trip over. Exposed asbestos phone pits. Power cables too low. Council using carcinogenic weed killers, but that's seems to be ok! Procrastination, mankind's greatest labour saving device!

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RichardM wrote:

RogB wrote:

The Doctor wrote:

Insurance sent an assessor out today and they have refused to cover it after all. They said it’s gone during the storm due to wear and tear over the years and there’s evidence of patch repairs at some point in the past.

It’s my mums house and since my dad died she has no income and is living off savings so she can’t afford to pay to have it done so it’s being left in the state it’s in. The only hope is that someone can patch bits of it up for low cost.

so on the basis of the older something is, the more wear and tear there is likely to be, what is the point of insuring something that is old ??

I don't insure my 13 year old springer spaniel as the monthly premium would be about £60 a month, although the only thing she has ever had major is being speyed when she was 8 months old and the premium + excess negates most of the treatments she is likely to need at this age (anti biotics etc)

maybe I should just buy an older car and not insure that as due to wear and tear they wont pay out for anything ??

Third party, fire and theft instead of fully comp. is what you need

do you mean insure my 13 year old dog third party fire and theft ??

The problem is that these days TPFT isn't much cheaper than fully comp, and I would never go down that route for my own car these days.

Cripes Doc - It would be a miracle if the insurance pays up on that. They would probably invoke "keeping in good condition" as well as "wear and tear". I guess if you don't ask you don't get but wish you luck.

You mention that your mum's on limited income - has she considered equity release? There are some ethical firms out there and with your legal knowledge can sort the wheat from the chaff. MY 09 GS manual in Lago Grey, Wood Co arm rest and side bumper strips - now sold.

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