Denial of insurance


Case Details
Thomas and Meryl Dickley
Lawyer: Tony Rothschild
Case Start: 24/04/2021
Case end: 5 Months
Result: Winner
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Summary Of The Case Studies
Thomas and Meryl found that after a storm, their roof had been damaged. They contacted their insurer, who refused to cover the full cost of the repairs. The insurer said that the nails securing the roof slates had worn out, and the couple’s policy didn’t cover wear and tear. This wasn’t what Thomas and Meryl thought was right, so they contacted us to investigate to see if this was the right decision.
*The roof of the house is damaged
*The insurer of Thomas and Meryl refuse to cover the cost of the repairs
*The insurer says that nails securing the roof slates had worn out and their policy didn’t cover wear and tear
The Problems Being Encountered of the Case
We asked for evidence about the wear and tear on the roof. The insurer gave us a note from a phone conversation from its representative. It said that a contractor had gone to Thomas and Meryl’s home to assess the damage. They had noticed that the nails securing the roof slates were rusty. But the insurer couldn’t provide a recording of the conversation or written confirmation from the contractor. They sent photos of the roof, but these weren’t clear enough to show the nails. Thomas and Meryl asked for a second contractor to assess the damage, which the insurer agreed to. On this report, it showed that the damage was because of the storm. It didn’t mention wear and tear. It also wasn’t reasonable to expect a customer to replace nails that are hidden from view. After looking at both reports, we thought that the second report had more detail and authority. This made it much more persuasive.
Attorney In This Case:

Tony Rothschild
Lawyer, Consultant
Tony studied law at the universities of Kiel and Freiburg. He completed his legal training in Hamburg and Paris and was admitted to the bar in 2010
The insurer reconsiders the claim carefully after the second report
Taking the case to the court
Thomas and Meryl finding a new insurer
The Outcome of the Lawsuit
We decided that the insurer should reconsider the claim and pay any settlement due to Thomas and Meryl. We also noted that if tiles had come off before the storm due to the failing nails, then we may have reached a different outcome. The insurer accepted our claim after the second report and Thomas and Meryl were covered for the repairs of their house.