How Concept Claim Solutions Helped Overturn a Rejected Subsidence Claim

A homeowner made a claim under their home insurance policy after cracks appeared both inside and outside the property, where the conservatory joined the main house.

Although the insurer accepted that subsidence had taken place, it still rejected the claim. Its position was that the conservatory foundations were defective because they were not deep enough for the ground conditions and nearby planting. Relying on a policy exclusion for faulty design or workmanship, the insurer refused to take the claim any further.

For the homeowner, this was not just a technical insurance dispute. Poor communication from the insurer added to the stress, with repeated calls and emails left unanswered at an already difficult time.

Why Concept Claim Solutions challenged the insurer’s reasoning

The insurer pointed to building standards guidance and argued that the conservatory should have been built with deeper foundations. It compared the conservatory with the main house, which had deeper foundations, and said that if the conservatory had been built to the same depth, the subsidence would have been avoided.

However, that argument did not stand up to closer examination.

No single foundation depth was clearly required

The guidance relied on by the insurer did not set out one definitive or “correct” foundation depth for these exact circumstances. That immediately weakened its position.

The ground conditions still created a subsidence risk

Root growth was found at depths below the conservatory foundations. This suggested that even if the conservatory had been built as deep as the main house, movement could still have happened because of the clay subsoil and seasonal ground movement.

The conservatory had performed well for years

Another important point was that the conservatory had stood for around 11 years without any sign of trouble. That long period of satisfactory performance made it much harder to argue that poor design or workmanship was the real cause of the damage.

How Concept Claim Solutions helped the homeowner pursue a fair outcome

A dedicated Loss Assessor from Concept Claim Solutions supported the homeowner by challenging the insurer’s decision on both technical and fairness grounds.

This included:

• Refocusing the case on the true cause of the damage : The key issue was the subsidence itself, not an attempt to rely on a broad workmanship exclusion that did not properly reflect the facts.

• Showing that defective workmanship was not the operative cause : The conservatory’s long, trouble-free service life helped demonstrate that defective design was not the real cause of the loss.

• Exposing weaknesses in the insurer’s technical position: Concept Claim Solutions highlighted the lack of any firm technical standard proving that deeper foundations were required in this case.

• Supporting the complaint to the Financial Ombudsman Service: The homeowner was also supported in preparing and presenting their complaint to the Financial Ombudsman Service, helping to ensure the case was set out clearly and effectively.

The outcome secured with support from Concept Claim Solutions

The Financial Ombudsman Service concluded that the insurer had not acted fairly when it rejected the subsidence claim. The insurer was instructed to:

• reconsider the claim under the remaining terms of the policy
• pay compensation for the distress and inconvenience caused by the unfair handling of the claim

As a result, the claim was able to move forward on a proper basis instead of being shut down on the strength of an unsupported technical argument. Concept Claim Solutions then helped coordinate approved contractors to carry out the required repairs.

Concept Claim Solutions helped ease the pressure on the homeowner

For the homeowner, this was about far more than cracks in a property. The drawn-out dispute and poor communication had caused considerable stress, especially alongside existing health concerns. By challenging the insurer’s position and taking pressure off the customer, Concept Claim Solutions helped ensure the claim was reviewed fairly and progressed as it should.