Insurance fundis. Any pointers?





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  1. #1
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    Default Insurance fundis. Any pointers?

    Hi Guys,

    Have a question relating to a friend of mine in Amanzimtoti. After the heavy rains KZN had earlier in October. What happened was, a retaining wall on his property collapsed, well a part of it, not the whole thing. His insurance has rejected the claim saying that the build does not comply with "National Building Regulations SABS 0400-1990, or earlier" (quoted from their letter)

    The wall is apparently 80 years old(trying to confirm this), and off course we are not builders, so don't know what a non-complying wall would look like? He has been with this insurance company for a while now, how can they insure "the wall" if they deem it not in compliance?

    Is there a way we can fight this, to get them to pay out something? Was there even building regulations for this kind of wall in a suburban area 80 years ago?

    Any pointers if you have?

    Thanks.


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    Default Re: Insurance fundis. Any pointers?

    Quote Originally Posted by Hyades View Post
    Hi Guys,

    Have a question relating to a friend of mine in Amanzimtoti. After the heavy rains KZN had earlier in October. What happened was, a retaining wall on his property collapsed, well a part of it, not the whole thing. His insurance has rejected the claim saying that the build does not comply with "National Building Regulations SABS 0400-1990, or earlier" (quoted from their letter)

    The wall is apparently 80 years old(trying to confirm this), and off course we are not builders, so don't know what a non-complying wall would look like? He has been with this insurance company for a while now, how can they insure "the wall" if they deem it not in compliance?

    Is there a way we can fight this, to get them to pay out something? Was there even building regulations for this kind of wall in a suburban area 80 years ago?

    Any pointers if you have?

    Thanks.
    contact the insurance ombudsman


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  3. #3
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    Default Re: Insurance fundis. Any pointers?

    If the wall is 80 years old it does not have to comply with Sabs 0400 1990. And anyway this reg is defunct as it was superseded in 2011/2012 by sans 10400. The wall must comply with whatever was on place when it was built and you will not find that reg. I know I hunted for it and no one has it least of all the local authorities.
    Does he have a more recent approved plan that shows the wall as existing? If so he can argue that this is an "approval". He may not win but it's worth a shot.
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  5. #4
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    Default Re: Insurance fundis. Any pointers?

    My comments from an architectural and building reg point of view not from an insurance boffin point of view.
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  7. #5
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    Default Re: Insurance fundis. Any pointers?

    Just some advice in general regarding short term insurance. Don't always go for the cheapest quote.
    Speak to a professional when it comes to insuring a valuable asset such as your property. I often see clients at claim stage in tears because they saved 50 bucks per month with some gimmick filled insurer...

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    Default Re: Insurance fundis. Any pointers?

    Quote Originally Posted by skotepetoors View Post
    Just some advice in general regarding short term insurance. Don't always go for the cheapest quote.
    Speak to a professional when it comes to insuring a valuable asset such as your property. I often see clients at claim stage in tears because they saved 50 bucks per month with some gimmick filled insurer...

    Usually the company with the most TV ads.....
    There is no task too simple for some people to complicate !



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    Default Re: Insurance fundis. Any pointers?

    Quote Originally Posted by skotepetoors View Post
    Just some advice in general regarding short term insurance. Don't always go for the cheapest quote.
    Speak to a professional when it comes to insuring a valuable asset such as your property. I often see clients at claim stage in tears because they saved 50 bucks per month with some gimmick filled insurer...
    Best advice in years!
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    Default Re: Insurance fundis. Any pointers?

    Quote Originally Posted by Hyades View Post
    Hi Guys,

    Have a question relating to a friend of mine in Amanzimtoti. After the heavy rains KZN had earlier in October. What happened was, a retaining wall on his property collapsed, well a part of it, not the whole thing. His insurance has rejected the claim saying that the build does not comply with "National Building Regulations SABS 0400-1990, or earlier" (quoted from their letter)

    The wall is apparently 80 years old(trying to confirm this), and off course we are not builders, so don't know what a non-complying wall would look like? He has been with this insurance company for a while now, how can they insure "the wall" if they deem it not in compliance?

    Is there a way we can fight this, to get them to pay out something? Was there even building regulations for this kind of wall in a suburban area 80 years ago?

    Any pointers if you have?

    Thanks.
    He must find his policy document and then ask the insurance company where in the contract the building code is referred too?

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  13. #9
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    Default Re: Insurance fundis. Any pointers?

    Thanks for the pointers guys! Much appreciated!

    PS, it's not an insurance company with TV ads. It's a well known and respected company. But I'd rather not give out the name, as it's probably the broker's fault it was not insured properly, and not the actual insurance company.


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    Default Re: Insurance fundis. Any pointers?

    Quote Originally Posted by duncang View Post
    Usually the company with the most TV ads.....
    In the insurance industry, I always avoid:
    Companies who encourage you to forego the protection and advice of a broker and deal directly with them.
    Companies who trade under several names
    Companies with the word "and" in their name
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    Default Re: Insurance fundis. Any pointers?

    Whilst perimeter walls are generally covered under the building insurance, retaining walls are often specifically excluded. If this is the case, then the reason given for rejecting the claim may be incorrect.

    The specific policy wording and schedule would need to be referred to in this instance.
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  18. #12
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    Default Re: Insurance fundis. Any pointers?

    Which insurance company??

    Some companies decide weekly as to the percentage of automatic rejections.

    Only a few people challenge the rejection and very, very low percentage take it further.

    They win all the way to the bank, rejecting claims.

    "hippo" companies are the worst.

    REMEMBER you DONOT need your house to be covered by your banks bond own insurance company. I am saving thousands by using a separate company. There is no interest on interest on instalments and no nonsense.

    The company I use has no small print, no regular drivers, no fixed address - no nonsense.

    Take it further, they are counting on you not challenging the claim.
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  20. #13
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    Default Re: Insurance fundis. Any pointers?

    Quote Originally Posted by Imvubu View Post
    Whilst perimeter walls are generally covered under the building insurance, retaining walls are often specifically excluded. If this is the case, then the reason given for rejecting the claim may be incorrect.

    The specific policy wording and schedule would need to be referred to in this instance.
    Yip as mentioned retaining walls are in general excluded and to include it one would need an engineers report and then acceptance by the insurer.
    ALL POSTS ARE IN MY PERSONAL OPINION

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  22. #14
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    Default Re: Insurance fundis. Any pointers?

    All Insurers are governed by the FAIS Ombud: http://www.faisombud.co.za

    SOME Companies are also members of the Ombud for Short-term Insurance: http://www.osti.co.za

    1. Get your policy document and look at the exclusions. If it specifically list the retainer wall as an exclusion then you are done (unless there is any other correspondence or recorded calls where you were promised cover for the retaining wall);
    2. If no mention is made regarding retainer walls or the standards etc, set this out specifically in your complaint to the Ombud. To lodge a complaint with either of the ombuds mentioned is free;
    3. Forget the Broker (for now), go after the Insurer to get the claim covered;
    4. Get more info on the standards mentioned and what obligations there are on homeowners. What Kippie said makes sense to me,
    Last edited by Groenman; 2017/11/16 at 01:35 PM.
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  24. #15
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    Default Re: Insurance fundis. Any pointers?

    Thanks guys!

    I've passed all the info on. Will let you know what happens.


    Chris
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  25. #16
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    Default Re: Insurance fundis. Any pointers?

    Had a look at the policy now. The only exclusion noted in the policy schedule is for damage from "Nuclear blast" or "Radiation". Nothing else in the exclusions. There is even a part that says you are insured for "Subsidence & landslides" which carries a R5000 excess.

    So I don't know anymore...

    Seems they are trying to pull a fast one...
    Last edited by Hyades; 2017/11/16 at 02:04 PM.


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    Default Re: Insurance fundis. Any pointers?

    From the explanation it sounds as if subsidence could be the cause of the wall collapsing. A retaining wall is normally erected to hold soil back. If its foundation gets washed away the consequence may be subsidence. However, one will need more information to make an informed judgement call. If my failing memory serves me right subsidence is an exclusion on all house insurance policies. If the repudiation of the claim was based on that I think you are fighting a losing battle.
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  27. #18
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    Default Re: Insurance fundis. Any pointers?

    Quote Originally Posted by Hyades View Post
    Had a look at the policy now. The only exclusion noted in the policy schedule is for damage from "Nuclear blast" or "Radiation". Nothing else in the exclusions. There is even a part that says you are insured for "Subsidence & landslides" which carries a R5000 excess.

    So I don't know anymore...

    Seems they are trying to pull a fast one...

    The above exclusions are usually to be found in the general terms and conditions section of the policy wording. You need to read the policy wording for the section specifically pertaining to the building (usually it will be the Home Owners, Fire or Buildings Combined section, depending on the type of policy.

    Check the definitions under the specific section to see what is referred to as being covered.
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    Default Re: Insurance fundis. Any pointers?

    Quote Originally Posted by K-9 View Post
    Which insurance company??

    Some companies decide weekly as to the percentage of automatic rejections.

    Only a few people challenge the rejection and very, very low percentage take it further.

    They win all the way to the bank, rejecting claims.

    "hippo" companies are the worst.

    REMEMBER you DONOT need your house to be covered by your banks bond own insurance company. I am saving thousands by using a separate company. There is no interest on interest on instalments and no nonsense.

    The company I use has no small print, no regular drivers, no fixed address - no nonsense.

    Take it further, they are counting on you not challenging the claim.
    Which insurance company are you insured with, they sound fair?

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    Default Re: Insurance fundis. Any pointers?

    Quote Originally Posted by Imvubu View Post
    Whilst perimeter walls are generally covered under the building insurance, retaining walls are often specifically excluded. If this is the case, then the reason given for rejecting the claim may be incorrect. The specific policy wording and schedule would need to be referred to in this instance.
    I agree with this statement 100%. Normally any retaining walls are excluded from 99.9% of all policies I have seen. The resultant damage will be covered, but again not the loss of any soil etc.
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