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from the Hull Daily Mail/East Riding Mail Friday, July 11

A couple could become the first people in the region to take legal action against an insurance company over last year’s floods. Shirin Zandi and Dave Kemp plan to lodge a claim against Zurich after the firm refused to cover the cost of secondary flooding at their home.

The couple moved into the house in Lomond Road, west Hull, on July 20 last year, following the deluge, which did not appear to affect the house in any way.

However, almost 12 months later the couple began spotting the signs of secondary flooding, with mould growing in the house.

They contacted their current insurer, Towergate, whose loss adjustor confirmed the effects were caused by last summer’s floods, and the couple were advised to contact the previous homeowners’ insurer.

But despite insuring the house on June 25, Zurich has refused to foot the bill, claiming the couple should have sought “formal assurances” to make sure the area was not affected before they moved in, despite no one then knowing about the secondary flooding.

Miss Zandi, 23, said: “When I first rang Zurich I was spoken to like an idiot and was pretty much told it was our fault for buying a house that had been flooded.

“But the house was not flooded and last year no one in Hull could have ever dreamt that a year down the line people would suddenly find their houses, which were not flooded, affected.

“My argument is that it is the building that is insured so it should not matter whether the policy was in the name of the previous owners or ourselves. It is the house that was insured at the time of the floods.

“If the previous owners had not sold the house and found out now it was affected by the floods, then Zurich would have to pay out – it’s only because we are new owners.”

Miss Zandi and Mr Kemp, 22, have now been given initial advice from a solicitor at the Citizens’ Advice Bureau who has told them to find a lawyer who specialises in insurance.

Miss Zandi said: “Our only option now is to take legal advice.

“I feel better having spoken to the solicitor, but since we found out it has been a constant worry and stress for us.

“The solicitor said he could not believe what Zurich is saying is right and he thinks I have an extremely strong case.

“His suggestion is that I find a law firm that specialises in insurance and go from there.

“He also said it was extremely serious for us because potentially, if the work is not done, we have lost a high percentage on the equity of our house – up to 50 per cent depending on the value now.

“I’m appalled by the way Zurich has treated us. They have kept changing their mind about why they should not pay.

“First, they said they could not process a claim because it did not have a financial impact on the previous homeowner.

“Then they said if we signed for the house on June 22 it was legally ours on the day of the floods, so we should have had insurance, until our solicitor put it in writing that we did not legally own the house until July 20.

“Now they are saying we had between June 25 and July 20 to make a claim. They just say what they like.

“This is something I imagine is happening to other people in Hull and needs to be shouted about.”

If the couple win, it could lead to more claims being made by others in a similar situation.

The Mail challenged Zurich as part of the Play Fair campaign, which urges all insurance companies to be fair with customers.

A spokesperson for Zurich Insurance said: “As our customer never reported a claim to us, we cannot, after so much time has passed, assist the buyer with an indemnity under our original policy.

“The buyers of the property had between June 25 and July 20 to seek formal assurances through the normal home-buying process as to the likely impact of the floods to be absolutely sure the area was not affected, or to raise at that stage any concerns about the property and potential damage.”

Association of British Insurers www.abi.org.uk

Zurich Insurance www.zurich.com