Home insurance Claim as Executor: Am i now classed as having personally claimed?

Hi, hoping someone in the know will be able to answer me? I looked through as many threads as much as possible to see if this question is asked so hope I'm not repeating a similar one?

Background to my question: I was made executor of my late fathers estate, I informed insurance company so I was authorised to speak on my fathers behalf etc and insurance confirmed until policy lapses.

Sadly a pipe burst over the Christmas period and caused substantial damage and have had to claim, no problem there, insurance company agreed to cover and and is settling claim.

I am the beneficiary for the house in my fathers will and was transferred into my name a few weeks before the loss.

My questions are:

1. When the inevitable question comes when re-insuring this house or even my own family home.... "Have you ever made a claim before...?", my question is have I? I would think technically 'No' as I made the claim as executor for my father? I'm just concerned every insurance policy I will take out for the foreseeable future I'll be loaded on, do i need to disclose this if legally I have not?

2. I gave permission to my husband to act on my behalf and deal with loss adjuster/insurance company, is he now classed as having claimed for future reference?

3. If I am classed now as having 'claimed' in the eyes of every insurance company I ever deal with and my husband is not classed as having made a claim, would it be ok when it comes to insuring my late fathers house again when the policy lapses to insure in his name without disclosure?

4. Did I read somewhere regarding the property itself, it is not just about have I or my husband ever made a home insurance claim but "has there ever been a claim made on the property"? is this true, If I had bought the house how would I ever know if there were previous claims on a property unless the seller told me?

Thanks in advance, the above I supposed can be condensed to.... Am I personally classed as having made a claim or my husband and or do I need to disclose this information?

One thing I'm pretty sure of is whether I am or not classed as a claimant I'll be paying for it somewhere along the line.

Thanks in advance

if claim went in in your name = your claim
if claim went in in name of XX as executor of the estate of YY = not your claim

Ravima said:

if claim went in in your name = your claim
if claim went in in name of XX as executor of the estate of YY = not your claim

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Thanks so much, I was hoping so, otherwise who'd be an Executor? Spent hours trawling the net for an answer with no luck, so where asked where "Have you made a claim in the last X years" I can honestly say "No"?

As my situation is your second line, I am XX as executor of estate of YY.

Thanks again.

Here is a typical insurance quote question: "Have you, or anyone else with a financial interest in the risk to be insured, had any claims in the past 5 years? (Please tell us of any claims or loss, whether insured or not at this or any other address)"

Still just a bit worried? As I mentioned above, I was left the house in my fathers will and house was signed into my name a few weeks ago so is legally in my name and I have a "Financial interest" in it now. However, the current policy is not mine as I mentioned I'm executor XX of the estate of YY and has a few months to run still on it.

Neither I or my husband have made any claim of any kind in the last 5 years of our own personal home/car, so when I go to take out a landlord policy in my own name for this house I have inherited, am I still saying "No"?

Thanks and sorry about being super cautious....

You, the beneficiary of the estate, now own the house. The old policy, insuring the house in your father's name or in yours as executor, ceased once the beneficial interest / ownership in or of the property passed to you. Therefore the house was uninsured at the time the pipes burst as the insured (executor) had no insurable interest in the property at that time.

Did you inform the insurers of the change in ownership and take out a new policy as of that date?

HI, thanks for info, worrying be it appreciated. The quick answer is no, I didn't inform the insurance company when it transferred into my name, no one asked from the insurance company who the beneficiary was/is but I have an email from them saying "I can confirm the policy will remain as is until renewal", this was in response to my asking the question over the phone and asked for it in writing. Where do you think I stand now?

Thanks in advance.

What question did you ask the insurers over the phone? Was it "I am the new owner of the house since (whatever date it transferred to you) and can you please quote me for a new policy in my name from that date?" or something similar?

mathepac said:

What question did you ask the insurers over the phone? Was it "I am the new owner of the house since (whatever date it transferred to you) and can you please quote me for a new policy in my name from that date?" or something similar?

Click to expand...

Hi, the question over the phone was something along the lines of " My father just passed away, there is a policy in place valid until March 2015 do I need to take out a new policy?" I was told no but in an email to them to confirm in writing I asked .....
"I understand cover will continue as normal until the end of the current policy in March 2015. Please, if you could confirm this information is correct I’d appreciate it." to which they replied...
Thank you for your email. We require a solicitors letter from you on headed paper confirming you are the executor, we do not need to contact the solicitor for you. Once we received this letter we will be able to take instruction from you, I can confirm that the policy will remain as it is until renewal."

Obviously they did receive the letter from my solicitor to instruct them as to my position as executor. Funny you should ask, I told the loss adjustor at the time this was the information I had, he asked me to forward it to him(the email) within an hour he replied after 3 weeks deliberation that my claim was being upheld as was satisfied with the claim.

Surly an insurance company in this situation, the first question to ask is who or when is the beneficiary taking ownership? Thanks for your advise again.

Found this wording in the Policy Document which if I read it right explains why no one ever asked who owns the house now:......:

"In the event of your death We will, in respect of liability incurred by You, indemnify your personal representatives in the terms of and subject to the limitations set out, provided that such personal representatives will, as though they were the Insured, observe, fulfil and be subject to the terms, exceptions and conditions of the Policy insofar as they can apply."

Would that statement mean that cover remains in place? I've scoured the policy and makes no mention of the policy being void when the ownership transfers? Thanks

Both sets of statements confirm what I suspected. As personal representative / executor, cover remains in place. There is nothing that indicates cover will continue once ownership transfers.

Ok, thanks for your help, I think the best thing to do now is ring and alert them to this fact, as I may do things differently when getting the house back in order. I might be lucky as read a period of time is sometimes allowed to arrange new cover after the date of transfer and might be lucky and fall within this period? Many thanks again mathpac, will post what actually happens when I find out.

Hi Mathepac & Ravima, thank you both your your help. Just coming back as promised with the final word on the above as got both answers I need from Allianz.

1. Regarding Have I made a claim or not as co-executor when taking out future policies: The answer is 'Yes', as the house transferred into my name a few weeks ago I am now the legal owner and the claimant, I became the policy holder legally when ownership of the house was transferred.

2. Regarding is the policy valid or not, the answer is 'Yes' and will remain valid until it renewal date. I was given the option to put it in my name now and was told will not effect the claim in process but opted to leave it in my fathers name with my name as executor as it makes no difference legally.

I hope this thread will be of help to someone in a similar situation, Mathepac was right that nothing indicates cover is in place after transfer of ownership, it just wasn't very clear and you could draw either conclusion. I will warn that no all companies are the same, I noticed on 123.ie website the following (thank God not my insurance company) ..http://www.123.ie/customer-care/mak...ng-my-policy/the-policyholder-has-passed-away
Seems with them you do need to set up a new policy once probate is complete.

Thanks all.