- Jan 29, 2015
Hi, I have a house insured with Mapfre and due to a loss of water damage that has been repaired by their workers my parquet has risen from the entrance till the end of the hall.
The insurance Co. has valued the replacement of the parquet, but the workers I hired told me that due to the work to be performed and the varnishing I cannot step on the damaged area, so I understand that I must go to a house of a relative and request compensation for uninhabitability of the house against Mapfre. The insurance company told me that I have no right for this compensation because the house is not uninhabitable and it only has raised the hallway´s parquet.
Are they right? What can I do?
Moderator, Sergio Sanguino
We must distinguish between two different aspects on your claim, firstly the right to claim for uninhabitability, that they have certainly not understood from your explanations. It is not about the damaged produced, but whether to inhabit the house or not. Certainly if the hall of the house is affected, you cannot get in and out of it, so they must assume uninhabitability of the house during the reparation and drying of the varnish.
But the second aspect to consider is the compensation to which you are entitled, as mentioned in the policy: temporary accommodation in hotels or rental of a dwelling similar to yours, within the limits of days and money specified within the policy.
That is, they should pay the expenses that you incur in these conditions but if you stay at the home of a relative it incurs no costs, so you have no right to be compensated under this guarantee, even if you pay for their accommodation and subsistence. I understand that you should discuss it with the Insurance Co. before to check if they accept it providing a receipt for example, but legally they are not obliged.
I hope this helps.