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CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1592
Experience:  BCom; LLB; Masters in Law
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I submitted a claim for cracking of floors and walls in my

Customer Question

I submitted a claim for cracking of floors and walls in my house to Nedbank and the claim was rejected saying the assesor had been and that the damage had occurred as a result of subsidence caused by normal settlement of soil and contraction and expansion of subsoil. The house is approx 40 years old and I bought it about 15 years ago
Can they decline or reject a claim on these grounds. How should I handle this and should I be fighting this rejection of the claim
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: South Africa. Johannesburg
JA: Has anything been filed or reported?
Customer: A claim was submitted and a rejection letter was recently received
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes on top of this I lodged the claim in May and received no feedback until I appointed my broker as intermediary to follow this up as I work outside the country and he got a reply saying the letter had been sent to my work email an email address I do not have lodged with them as a contact So first ally got the letter in September
Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

If the house is 40 years old, and you didn't do renovations in the past 15 years, then I really really doubt that the cracking is due to settlement and expension of the subsoil. You should most certainly lodge a dispute with your insurance company, alternatively with the ombud for long term insurance. His office can be contacted via their website, here:

They have a simple procedure whereby you can refer the dispute to the ombud. You need to obviously provide all of the relevant documentation, but then you sit with the ombud and await their determination!

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - dont just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,


Expert:  CaseLaw replied 1 year ago.

Hi there again,

I see that you've read my answer and I hope that you understood the answer and that it was useful? If you have a further question please ask it, or if you need clarity on the answer please let me know.

If you're happy that I've answered your question, please leave positive feedback for me.