Legal advice needed re insurance claim

[toastie22]

I am an owner-occupier of a flat in a building where there are a few other flats. We all pay for a joint building insurance policy. Damage has occurred to my flat. I have spoken to the building insurance company and they have said it is claimable. They said I need to show that all the owners of flats in the building are happy for a claim to go ahead. I have contacted the director of the residents' association. (I am not even exactly sure what the residents' association is - we don't have meetings or receive a newsletter or anything.) He has essentially said that he doesn't want a claim to go ahead because it would affect people's insurance premiums.

I am shocked, and wondered whether anyone knows the legal position here? Does he have a legal right to block a claim? I pay my insurance, so feel I should be able to make a claim when I need to.

(Btw, a managing agent deals with the admin for the insurance, but they have said it's not up to them whether a claim is made. They said they take instruction from the director of the residents' association.)

In absence of any further replies forthcoming, you could try contacting good old Citizen's Advice
www.citizensadvice.org.uk/consumer/get-more-help/if-you-need-more-help-about-a-consumer-issue/
My only thought is if the issue affects the whole building and the director is reluctant to claim on insurance, the cost of the work should be shared equally amongst all leaseholders - it shouldn't be only yourself footing the bill.
If it is hard to reach a consensus, you could take it to a tribunal, but this could be costly and time consuming
www.gov.uk/leasehold-property/leasehold-disputes

I hope you get a reply soon from a legal expert - good luck!

There are a lot more factors that impact premiums, it's not just claims!

The whole point in having insurance is to be able to make a claim.

I can understand the concern but consider the following:
How much damage has been done and the cost to reinstate?
How much is the policy excess?

You also need to look at your leasehold document to see what that says about claims.

If they don't want a claim to go ahead then suggest that the savage needs to be fixed out of the service fees paid instead.

Go back and take a look at the documents you received when you bought the flat. Your solicitor would have got all the information about the constitution of the residents' association and probably you were allocated shares in it when you bought the property. That might explain how decisions are made.

I own a flat in a very large block. The buildings insurance is purchased communally by the managing agents on behalf of the residents, paid for out of the service charge.

I had to make a claim on it recently as my flat was damaged by fire. The insurers were happy to deal with me directly, there was no requirement for a group decision (would have been impossible as it is a big block though, maybe different with a small building.

Is there nothing about claims protocol in the Policy document? Take a look at the definition of "Insured".

@CatnaryReturns Thank you for your replies. In my building the managing agent also buys the insurance communally on behalf of the residents, paid for out of the service charge.

Good idea to check the documents from when I bought the flat and the insurance policy. It would seem very weird for one person in the building to be able to block another person’s claim.

To answer earlier pps, the damage is just to my flat. I am a freeholder. The cost of the excess and the cost of fixing the damage mean it would definitely be worth making a claim. The excess would be paid entirely by me, not by any other flat owners.