CDH
Christian D'Heil Henn
1 reviews | Active since Jun 2021
14 Jun 2021, 12:56
Defective Workmanship
I Have been with Santam for the past 3years with no problem or no claims whatsoever.
My policy state - Products liability ( INCLUDING DEFECTIVE WORKMANSHIP) Claim was log: 28/02/2021 After logging a claim under defective workmanship that has noting todo with the products or material. They keep on declining the claim because of there was no physically damaged by the product. The product cant do any damage to any thing. The claim is about defective workman ship not the product or anything else. sill going on and on about the product and not the actual defective workmanship.
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Replies (4)0
Replies (4)CDH
Christian D'Heil Henn's updateReviewer Update
18 Jun 2021, 13:04Hi Stephan
Hope you are well?
There are no response from santam side so will start taking further steps.
Kind regards
Christian
Hope you are well?
There are no response from santam side so will start taking further steps.
Kind regards
Christian
CDH
Christian D'Heil Henn's update18 Jun 2021, 13:04
Reviewer Update
Hi Stephan
Hope you are well?
There are no response from santam side so will start taking further steps.
Kind regards
Christian
Hope you are well?
There are no response from santam side so will start taking further steps.
Kind regards
Christian
Santam's replyOfficial
18 Jun 2021, 13:40Dear Christian,
We have just received feedback earlier today from our Specialist Liability Unit.
Unfortunately the claim submitted against your policy cannot be accepted and thus the rejection remains.
Reasons is as follow:
The defined events under this policy reads as follows:
“Damages which the Insured shall become legally liable to pay consequent upon Injury or Damage which occurred in the course of or in connection with the Business within the Territorial Limits and on or after the Retroactive date shown in the Schedule, and which results in a claim or claims first being made against the Insured in writing during the Period of Insurance.”
Definition of Damage
“Loss of or physical damage to tangible property or wrongful interference with the enjoyment of rights over tangible property.”
In this case, no physical damage occurred to tangible property, the work that was done simply had to be redone.
The incorrect installation of the tiles, that has necessitated their removal and replacement, with all the associated works and costs, did not cause physical damage to tangible property. The works simply have to be removed and redone due to them not being as requested by the third-party, hence the full extent of the labour, materials and other associated works that is being claimed for, falls outside the ambits of the cover offered by the public liability policy.
Defective workmanship is an automatic extension to the Products Liability Section and the definition and exclusions for the Defective workmanship Section and the Products Liability Section is one and the same. However please note that the claim was rejected in terms of the defined event of the policy(as noted above) due to the fact that there is no damage to tangible property and in the alternative that if it can be argued that there is damage to tangible property then the claim is in any event excluded as the Products exclusions will be applicable. The wording is read and interpreted in its entirety and not in isolated portions, therefore, we commence our interpretation from the Defined Events, on through the Definitions, Exceptions, Extensions and Additional Specific Exceptions to the Extensions.
You may follow the escalation process set out in the rejection letter should yo wish to further pursue this matter.
Thank you and kind regards
Stephan Olivier
Client care media manager
We have just received feedback earlier today from our Specialist Liability Unit.
Unfortunately the claim submitted against your policy cannot be accepted and thus the rejection remains.
Reasons is as follow:
The defined events under this policy reads as follows:
“Damages which the Insured shall become legally liable to pay consequent upon Injury or Damage which occurred in the course of or in connection with the Business within the Territorial Limits and on or after the Retroactive date shown in the Schedule, and which results in a claim or claims first being made against the Insured in writing during the Period of Insurance.”
Definition of Damage
“Loss of or physical damage to tangible property or wrongful interference with the enjoyment of rights over tangible property.”
In this case, no physical damage occurred to tangible property, the work that was done simply had to be redone.
The incorrect installation of the tiles, that has necessitated their removal and replacement, with all the associated works and costs, did not cause physical damage to tangible property. The works simply have to be removed and redone due to them not being as requested by the third-party, hence the full extent of the labour, materials and other associated works that is being claimed for, falls outside the ambits of the cover offered by the public liability policy.
Defective workmanship is an automatic extension to the Products Liability Section and the definition and exclusions for the Defective workmanship Section and the Products Liability Section is one and the same. However please note that the claim was rejected in terms of the defined event of the policy(as noted above) due to the fact that there is no damage to tangible property and in the alternative that if it can be argued that there is damage to tangible property then the claim is in any event excluded as the Products exclusions will be applicable. The wording is read and interpreted in its entirety and not in isolated portions, therefore, we commence our interpretation from the Defined Events, on through the Definitions, Exceptions, Extensions and Additional Specific Exceptions to the Extensions.
You may follow the escalation process set out in the rejection letter should yo wish to further pursue this matter.
Thank you and kind regards
Stephan Olivier
Client care media manager
Santam's reply18 Jun 2021, 13:40
Official
Dear Christian,
We have just received feedback earlier today from our Specialist Liability Unit.
Unfortunately the claim submitted against your policy cannot be accepted and thus the rejection remains.
Reasons is as follow:
The defined events under this policy reads as follows:
“Damages which the Insured shall become legally liable to pay consequent upon Injury or Damage which occurred in the course of or in connection with the Business within the Territorial Limits and on or after the Retroactive date shown in the Schedule, and which results in a claim or claims first being made against the Insured in writing during the Period of Insurance.”
Definition of Damage
“Loss of or physical damage to tangible property or wrongful interference with the enjoyment of rights over tangible property.”
In this case, no physical damage occurred to tangible property, the work that was done simply had to be redone.
The incorrect installation of the tiles, that has necessitated their removal and replacement, with all the associated works and costs, did not cause physical damage to tangible property. The works simply have to be removed and redone due to them not being as requested by the third-party, hence the full extent of the labour, materials and other associated works that is being claimed for, falls outside the ambits of the cover offered by the public liability policy.
Defective workmanship is an automatic extension to the Products Liability Section and the definition and exclusions for the Defective workmanship Section and the Products Liability Section is one and the same. However please note that the claim was rejected in terms of the defined event of the policy(as noted above) due to the fact that there is no damage to tangible property and in the alternative that if it can be argued that there is damage to tangible property then the claim is in any event excluded as the Products exclusions will be applicable. The wording is read and interpreted in its entirety and not in isolated portions, therefore, we commence our interpretation from the Defined Events, on through the Definitions, Exceptions, Extensions and Additional Specific Exceptions to the Extensions.
You may follow the escalation process set out in the rejection letter should yo wish to further pursue this matter.
Thank you and kind regards
Stephan Olivier
Client care media manager
We have just received feedback earlier today from our Specialist Liability Unit.
Unfortunately the claim submitted against your policy cannot be accepted and thus the rejection remains.
Reasons is as follow:
The defined events under this policy reads as follows:
“Damages which the Insured shall become legally liable to pay consequent upon Injury or Damage which occurred in the course of or in connection with the Business within the Territorial Limits and on or after the Retroactive date shown in the Schedule, and which results in a claim or claims first being made against the Insured in writing during the Period of Insurance.”
Definition of Damage
“Loss of or physical damage to tangible property or wrongful interference with the enjoyment of rights over tangible property.”
In this case, no physical damage occurred to tangible property, the work that was done simply had to be redone.
The incorrect installation of the tiles, that has necessitated their removal and replacement, with all the associated works and costs, did not cause physical damage to tangible property. The works simply have to be removed and redone due to them not being as requested by the third-party, hence the full extent of the labour, materials and other associated works that is being claimed for, falls outside the ambits of the cover offered by the public liability policy.
Defective workmanship is an automatic extension to the Products Liability Section and the definition and exclusions for the Defective workmanship Section and the Products Liability Section is one and the same. However please note that the claim was rejected in terms of the defined event of the policy(as noted above) due to the fact that there is no damage to tangible property and in the alternative that if it can be argued that there is damage to tangible property then the claim is in any event excluded as the Products exclusions will be applicable. The wording is read and interpreted in its entirety and not in isolated portions, therefore, we commence our interpretation from the Defined Events, on through the Definitions, Exceptions, Extensions and Additional Specific Exceptions to the Extensions.
You may follow the escalation process set out in the rejection letter should yo wish to further pursue this matter.
Thank you and kind regards
Stephan Olivier
Client care media manager
CDH
Christian D'Heil Henn's updateReviewer Update
21 Jun 2021, 11:01Hi Stephan
Why do they go on about Injury or Damage to the property that has nothing to do with defective workmanship.
Defective (imperfect or faulty) Workmanship( the degree of skill with which a product is made or a job done) There are your meaning.
So when my tiler install the tiles incorrectly and has to be redone correctly that is DEFECTIVE WRKMANSHIP not injury or damage to the property of the client.
So Santam should have use better wording in there policy that defined there type of defective workmanship or rather take it out of the original policy.
So please tell them and i will take this further
Kind Regards
Why do they go on about Injury or Damage to the property that has nothing to do with defective workmanship.
Defective (imperfect or faulty) Workmanship( the degree of skill with which a product is made or a job done) There are your meaning.
So when my tiler install the tiles incorrectly and has to be redone correctly that is DEFECTIVE WRKMANSHIP not injury or damage to the property of the client.
So Santam should have use better wording in there policy that defined there type of defective workmanship or rather take it out of the original policy.
So please tell them and i will take this further
Kind Regards
CDH
Christian D'Heil Henn's update21 Jun 2021, 11:01
Reviewer Update
Hi Stephan
Why do they go on about Injury or Damage to the property that has nothing to do with defective workmanship.
Defective (imperfect or faulty) Workmanship( the degree of skill with which a product is made or a job done) There are your meaning.
So when my tiler install the tiles incorrectly and has to be redone correctly that is DEFECTIVE WRKMANSHIP not injury or damage to the property of the client.
So Santam should have use better wording in there policy that defined there type of defective workmanship or rather take it out of the original policy.
So please tell them and i will take this further
Kind Regards
Why do they go on about Injury or Damage to the property that has nothing to do with defective workmanship.
Defective (imperfect or faulty) Workmanship( the degree of skill with which a product is made or a job done) There are your meaning.
So when my tiler install the tiles incorrectly and has to be redone correctly that is DEFECTIVE WRKMANSHIP not injury or damage to the property of the client.
So Santam should have use better wording in there policy that defined there type of defective workmanship or rather take it out of the original policy.
So please tell them and i will take this further
Kind Regards
Santam's replyOfficial
21 Jun 2021, 11:26Dear Christian,
For this policy to respond there have to be damage caused to the third party property which did not happen in this instance.
You have to read the entire policy in context and not only portions thereof.
Our rejection remain.
You may escalate further should you wish to.
Kind regards
Stephan Olivier
Client care media manager
For this policy to respond there have to be damage caused to the third party property which did not happen in this instance.
You have to read the entire policy in context and not only portions thereof.
Our rejection remain.
You may escalate further should you wish to.
Kind regards
Stephan Olivier
Client care media manager
Santam's reply21 Jun 2021, 11:26
Official
Dear Christian,
For this policy to respond there have to be damage caused to the third party property which did not happen in this instance.
You have to read the entire policy in context and not only portions thereof.
Our rejection remain.
You may escalate further should you wish to.
Kind regards
Stephan Olivier
Client care media manager
For this policy to respond there have to be damage caused to the third party property which did not happen in this instance.
You have to read the entire policy in context and not only portions thereof.
Our rejection remain.
You may escalate further should you wish to.
Kind regards
Stephan Olivier
Client care media manager