Construction Defects: Ten Security

TEN YEAR INSURANCE, THE POSSIBILITY OF DIRECT INSURANCE CLAIM

Who said that the decennial insurance, only covers the building's fundamental work? From where companies have taken out insurance?



With the statement that the insurance covers it affects the foundation, supports, beams, slabs, bearing walls and other structural elements, sometimes insurance will "escape" alleging that they cover only the "Work Fundamental ".

Where did they have taken such nonsense?, With this interpretation, pretend not to take over the property damage that have occurred in other parts of our homes, such as front and rear spaces (porches and / or patios).

Forget them-interests-that are considered within the Building, not just its fixtures and equipment of their own, but the elements of urbanization that remain attached to it and form a unity heritage, most of the time inseparable from the very building.

For example, townhouses, or duplex, not just the house "roof", but the walls of separation or mediators including porches, courtyards, gardens separations, etc..

As you can see, is all that belongs to the owner (equity unit), but it happens that the insurer, sometimes denies the existence of coverage of the incident occurred, if the damage is in these walls or low walls, because "it is fundamental work. "

Remember then, you just have to go the way of art. L. 38 of the CS (amicably) if we agree with the insurance cover the damage, and only resort to it to settle, to evaluate them. The imperative of Article 38 applies only to cases of liquidated damages, says the Supreme Court.

Translated: We will go by the process facilitator and friendly, if insurance is agreed that any damage to our house, everyone covers. Then the insurance will pay, through a mutual agreement procedure and can not go to the judge.

But if we are not, if there is a discrepancy between them and us, whether or not there is coverage, if they say they do not enter the walls, or not fall on the roof damage, or you may damage or other, then do not apply Article 38, for the provision of which agrees to the incident, especially if there is disagreement about whether there is coverage or in part, sorry gentlemen of insurance, we do not agree, and we open the path of Court, by direct action against them, and others.