Insurance problem after floods

[Tony F Dordogne]

A couple who have recently moved into this commune have come across a real problem following the flash flood which went through their property at the weekend.

They were part way through having a new pool installed, not block and brick but one of those plastic insert things, huge, with staging to stand or sit on.

The pool was delivered by the supplier who then departed, no problem, that was what they were contracted to do and then they were to return when the fitting was complete to 'commission' the pool..

It was being fitted by the owners and their builder, who dug the hole, dropped the pool in, back filled the spaces around, the owner did the electrical and pump work.

The whole site flooded last weekend and the pool has (a) popped out the ground and (b) appears to have a bend in one side.  Leaving aside the engineering issues, they have spoken to their insurance company who said they will cover the house and stuff being stored but NOT the pool as it wasn't installed or commissioned yet, though they were aware that a pool would be installed at some stage, speak to the builder.  The supplier said it was nothing to do with them and the owners have sympathy with that view, other than the fact they had to 'commission' the pool, effectively, sign off on the completion.

The builder, who is also their project manager, has been noticably absent this week and when they have spoken to him on the phone, he's saying that his insurance isn't meant to cover 'work in progress' and that it's nothing to do with him.  They're going to his assurance (MAAF) which covers his dicennial because he's being so un co-operative but now they seem to be stuck.

It's very early days yet but there's a good deal of money at stake here.  So, any ideas which assurance has the liability or are the family in some sort of insurance no-man's land?

[ams]

You say that the owners of the pool had communicated with their insurance company that they were in the process of installing a pool. Was this done in writing or by a means that can be evidenced. The approach taken by the insurance company seems a little strange to me. For example when one is constructing a new house, the insurance commences after the house becomes water protected. ie windows and roof installed, which is a long way off before the house becomes habitable. When we had a cover for the pool installed which took 2 days, our insurance covered us for damage in the event of problems during the installation phase.

 

Depending upon the additional cost, I would recommend a fisit to the local solicitor, a quick shot from a solicitor generally gets the attention of insurance companies. Equally so it should clarify the matter quickly as to who bears the financial burden.

 

ams