Excess - Block Policy Insurance

[Lipstick69]

I live in a ground floor apartment and the aprtment above me leaked causing severe water damage to my place, but not a thing to the apartment above. The fault was caused by a faulty stopcock.

The block insurance has now settled my claim but is insisting that the claim is paid to the management company net of the excess of 750 euro.

I don't see why I should be penalised for the excess, as Iw as completely innocent. Surely it should come out of the sinking fund, or be in some way assigned to the upstairs apartment or assigned pro rata through all claimants?

Any help gratefully received

 

[LUFC]

Check the terms of your contract and see if there is any agreement regarding claims excess. The apartment block policy will be in the name of the management company, not you so I dont see why you should pay an excess.
Management companies are bad news, the sooner they get regulated the better.

 

[KalEl]

I live in a ground floor apartment and the aprtment above me leaked causing severe water damage to my place, but not a thing to the apartment above. The fault was caused by a faulty stopcock.

The block insurance has now settled my claim but is insisting that the claim is paid to the management company net of the excess of 750 euro.

I don't see why I should be penalised for the excess, as Iw as completely innocent. Surely it should come out of the sinking fund, or be in some way assigned to the upstairs apartment or assigned pro rata through all claimants?

Any help gratefully received

The same thing happened to me a few years back. Basically I claimed on the block policy for some of the damage and claimed on the neighbours insurance for the damage to my wooden floors which aren't covered under the block policy. Dodgy stuff, but the block policy assessor bumped up the claim to cover my loss on the excess.

 

[SeanA]

Never had the pleasure of coming across something like this before but I would be inclined to have a quick conversation with a solicitor to see where you stand and then approach your upstairs neighbour with the knowledge of knowing what should happen. Surely they are liable for your damage (excess) as they damaged your property?

 

[KalEl]

Never had the pleasure of coming across something like this before but I would be inclined to have a quick conversation with a solicitor to see where you stand and then approach your upstairs neighbour with the knowledge of knowing what should happen. Surely they are liable for your damage (excess) as they damaged your property?

Sorry, I meant to say I had to use my solicitor.

 

[Lipstick69]

Further update
Management Agents claim that Management Company (one and the same until very recently) instructed them to adopt the policy whereby each claim is subject to an excess rather than the sinking fund approach. Sounds dodgy!