Areas of Law / Insurance law

My daughter bought a house on a new estate. The stream at the bottom of the garden flooded their house over the winter and even now the drains have difficulty coping. However the insurance company refuses to pay for any damage because they say the poor drainage is the County Council’s responsibility. The County Council says it’s the builders’ fault. What can be done?

The insurers may be entitled to refuse to pay out if the damage was the result of poor design. If your daughter bought the house less than six years ago from the developers she may have a claim for breach of contract. Alternatively, if the house is less than ten years old it may be covered by a National House Building Council warranty, which may help solve the drainage problem. Either way I think your daughter will need a solicitor’s help with this.

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