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Professional Advice

Foro Seguro de Hogar: ¿Quién decide la inhabitabilidad?

Susan J.


My neighbour insured through MAFRE has caused a water leak that has affected my whole corridor. The parquet´s technician sent by Mapfre said that to fix it (after replacing the damaged boards) it will take a whole day for slashing and varnishing. As these repairs will cause dust and odor to all rooms and bathrooms (in the corridor) I told the parquet´s technician that on the next day I want to be paid for a hotel (so I can vent and clean that area) This is because we have 2 children (one of them is a baby) so it seems fair to me.

My surprise was that when the Mapfre representative called me, he told me that the policy will only cover me for one day as the parquet´s technician will go from 9:00 am, ends of painting for the evening and on the next day the whole family can be on the floor.

My question is: how is it possible to refuse the 2nd day of Non-habitability?

If so, I will enforce them to fix the hallway in 2 half days (mornings) so I make sure everything is dry on the 3rd day when I come home and at least it will be vent and with no dust.

May I have your advice? Thank you.

Name moderator to answer

Moderator, Sergio Sanguino

Hi Susan,

To know the exact time of drying for varnishing the parquet it would be necessary to know the type of paint used and even if you used an accelerator to speed it up. Certainly, it may be allowed at least one day after the varnishing for non- habitability as vapors are arising there from varnishing, and more so if there is a baby living in the house.

I understand your proposal for Non-habitability of two days (one for the works and one for drying varnish…) and it looks reasonable as there could be a general extension to a third day for non-habitability in this sort of claims.

If Mapfre refuses to expand one more day the non-habitability cover, I understand that you can claim on your own Insurance Company. They can take charge of the damages produced and then claim to Mapfre on your behalf. Nevertheless, some Insurance Companies may not want to offer you this service as you are not liable for the claim or responsible of the cause of the damage (this is not appropriate, because the insured has water damage guarantee so they must attend and then claim to the responsible or use the legal assistance guarantee eventually)

In conclusion,

1st. Try and call to Mapfre, and if the representative does not listen to your queries ask for the Head of the department, because the attention requested is completely normal.

2nd Should you not achieved anything and still decide to go to a hotel or similar, invoices for hotel, restaurant, etc. .Are needed (you can only claim on costs incurred and duly justified and the cover would not be effective in case you are going to some friends or family house)

3rd Open a claim with your Insurance Company which as noted above should attend you and then claim on Mapfre.

4th In case your Insurance company does not access to pay the costs incurred then tell them to open a claim for legal assistance so you can claim Mapfre for the expenses on the 2nd day.

I hope this helps,

Kind regards.