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I am the leaseholder of flat in a building.We have the Right To Manage the building and the insurance is a group product that we all pay for. The RTM took out the Insurance for the flats. My question is: do I need for all the others to agree before I file for a claim for a water leak in my Insurance? Do the Directors of the Company need to know exactly what is been claimed and why ? Thank you
Optional Information: Province/Country relating to question : london Already Tried: I haven't tried anything else yet.
Do they have a problem with you claiming?
I have already claimed and the Insurance company has already settled the claim. Before involving the Insurance I called one of the directors and made my intentions clear.The Insurance Company asked my for two estimates from two contractors ,which I provided and It also sent someone to access the damage .He validated the claim .But the two directors insist that they need to know exactly what is being claimed and why as they have a legal responsibility if there has been any mishandling of claims.I need to know my legal obligations and rights concerning this matter .One of the directors has said that she is going to call the loss adjustors in order to find out ,the other needs only to know what has been claimed and why.
Why do you not want to show them what you have claimed for in order to be transparent and open with them. I'm not altogether certain whether the claim is on the freeholders insurance or on your own insurance or what it was for. Why was this not done by the directors of the RTM?
Can we have the background please?Thank you
I don't have a problem to show them what they want. I just need to know whether they have the right to demand all this information.The only thing I know about the insurance company is that the RTM took out the building insurance for the flats. I have the feeling that they didn't want me to claim for the water leak in my bathroom caused by the waste under the bath tub because they think this is going to raise the premium for next year. One of the directors today insinuated that I was trying to mislead the Insurance Company by not telling them that this problem was caused by my plumbers years ago and so I shouldn't claim .The plumbers were there( Nov2009) to install new thermostatic taps so I don't know exactly how this is connected to the leak under my bath tub and on what basis this accusation was made as this is only an assumption made by her which cannot be substantiated .I have the letters of the plumbers involved . Last month I sent a contractor to investigate the possibility of a water leak as the owners of the flat underneath noticed a watermark on their ceiling.
Assuming that you are claiming on the RTM policy then the directors clearly have a right to know what you have claimed for.
Can I help further?
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
For future reference :do I also need their permission to procceed with a claim or as the leaseholder of the property I only need to inform them of my intention and supply them with the relevant information?
Can you please inform me how should I proceed with claims in the future
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