Breach of T&C's - Indemnity Insurance in place of FENSA

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17 Dec 2009
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Location
Cheshire
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United Kingdom
Hi All

Can anyone advise if this sounds correct....

I have just bought a house, and the owners could not provide a FENSA certificate for a PVC french door they installed. Instead they provided Indemnity Insurance.

When I moved in, I noticed the carpet near the door was soaking, and traced it to the bottom of the patio door. I also noticed cracked brickwork above the lintel and the bricks appear to have several 'pointing' jobs applied to keep looking tidy (although I think the lintel was not put in straight as the bricks are not flush).

I contacted the local building control office and asked them to inspect the doors and wall to see if they met Building Regulations, and the building officer has put in writing that the threshold does not meet regulations and requires correction.

I contacted the insurance company who provided the indemnity and explained the situation, with the hope of making a claim to correct the poor install (step twisted and also leans back towards the house - which must be causing the internal leaking).

They very quickly asked if I had contacted building control myself, and once established that I had, they informed I was in breach of T&C's of the insurance, and was not covered.

They basically state, that id a building inspector had "just knocked on the door and requested random inspection", then I would be covered. But as I was the one that contacted them - I had broke the terms.

Does this sound right? Can they do this?
 
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doesn't right (as in fair) - can you quote, or scan the relevant term or condition?
 
Are you the sole owner - can you get your wife etc to make a claim instead, and assert that she hasn't contacted BC herself.
 
Joint owners... I am wondering if there is a loop hole that I can exploit - just as the insurers seem to have found...
 
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