Bulging Pool and Insurance

Carl_Johnson

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Hey guys,

So I need some advice. After the heavy rains we had in July, I noticed that our pool had sunk a bit on the one side. Our yard had been flooded with a lot of standing water.

I made a claim with my insurance via my broker. Assessor came out and muttered some stuff about pool not being installed correctly but arranged for poolvinstaller company to assess.
Pool copany guy came out and mentioned that it looked like storm damage due to the heavy rains and also pointed out that the pool was bulging on the side where there is grass and the water was standing. He said he would put that in the report to the assessor.
A few days later I get told that the insurance company needs a structural engineer to come out and assess further. He comes out and assesses that the pool never had enough cement put in when they were backfilling the walls and that our water table is high.

Needless to say the claim was rejected and these are the reasons:
The one pool side has deformed/bulged slightly as a result of a high-water table which caused the sand fill behind the
pool sides to become in suspension in combination with the fact that the sand fill does not contain enough, or any
cement in the mixture.
• The paving sagged near the steps due to the sand fill which have sagged into the cavity left by the poorly compacted
sand below the steps. Once again, no cement or not enough cement in the sand fill.
• The pool sagged at the steps due to the sand fill which was poorly compacted below the steps.
• The sagged paving at the weir box is due to poor compaction of the sand fill and no cement in the sand fill.
• The small crack is in the gel coat only and due to the deformation of the shell at the steps.
• We do not believe that the defects are primarily related to the heavy rains in June 2023.
• The damages did not happen sudden and unforeseen regrettably the loss is not covered in terms of the policy.

I got a second (or third?) opinion from another reputable pool installation company and their report is similiar to the first pool company that it was due to storm damage.
The pool is older than 10 years old and it is a fiberglass pool.

Has any of you had a similiar experience? Is it worth going ahead trying to go the complaints route with the insurance? This is the first time I have ever claimed so this is all very new.

Thank you in advance for any reply or advice, or criticism.
 
Get your own engineers report. It seems they will value that more than a pool company's report. No other advice unfortunately.
 
1) Ask the insurer for the Ombad complaints details. (sometimes this nudges them to make a different decision)- the contact details are actually at the back or in our policy schedule.
a) - Your fight is about the fact that the pool was fine for 10yrs and therefore you are claiming for damages caused by flood.

2) In all honesty the Insurer has a strong case in that this could be con-strewed as faulty design or bad workmanship which is not covered. It, the bulge, could also be regarded as a gradual process which is also not covered.

Good luck.
 
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Sounds like Santam. I've been through the same a few years ago. Lost the claim due to the rising water table.
 
Thank you for all of the replies guys.
Get your own engineers report. It seems they will value that more than a pool company's report. No other advice unfortunately.
It seems I will probably have to do this.

Which insurance co?
Use the ombudsman. Make a complaint.
I had a similar experience with Nedbank insurance. I've switched to Western National.

Check if your insurance company is high on this list: https://businesstech.co.za/news/bus...st-complained-about-insurers-in-south-africa/
They are 11 from the top. What was the outcome of your claim?


1) Ask the insurer for the Ombad complaints details. (sometimes this nudges them to make a different decision)- the contact details are actually at the back or in our policy schedule.
a) - Your fight is about the fact that the pool was fine for 10yrs and therefore you are claiming for damages caused by flood.

2) In all honesty the Insurer has a strong case in that this could be con-strewed as faulty design or bad workmanship which is not covered. It, the bulge, could also be regarded as a gradual process which is also not covered.

Good luck.
Thank you.

Sounds like Santam. I've been through the same a few years ago. Lost the claim due to the rising water table.
Really? How was that proven?
 
They are 11 from the top. What was the outcome of your claim?
I didnt use the ombudsman at the time but my decision to change insurers was a result of 3 botched claims. Long story short, they insured the home and provided the bond and then claimed we need an engineering certificate for the roof that the solar geyser was on when we needed the tank replaced. They never required the certificate when it was bonded despite the tank being on the roof already when we bought in 2001. Then another claim, they sent a plumber to replace a solar water heater panel. He replaced the panel but last minute had to reverse the work because the roof is asbestos and they can't stand on asbestos and work lol. Honestly, the third claim was the final straw. After a 90mm deluge in 12 hours our boundary wall collapsed. They sent their assessor who claimed it was holding too much dirt, was weakened, blah blah. we just kicked them into touch.
 
I didnt use the ombudsman at the time but my decision to change insurers was a result of 3 botched claims. Long story short, they insured the home and provided the bond and then claimed we need an engineering certificate for the roof that the solar geyser was on when we needed the tank replaced. They never required the certificate when it was bonded despite the tank being on the roof already when we bought in 2001. Then another claim, they sent a plumber to replace a solar water heater panel. He replaced the panel but last minute had to reverse the work because the roof is asbestos and they can't stand on asbestos and work lol. Honestly, the third claim was the final straw. After a 90mm deluge in 12 hours our boundary wall collapsed. They sent their assessor who claimed it was holding too much dirt, was weakened, blah blah. we just kicked them into touch.
Yarre but every month they take your money. Thank you for sharing.
 
2) In all honesty the Insurer has a strong case in that this could be con-strewed as faulty design or bad workmanship which is not covered. It, the bulge, could also be regarded as a gradual process which is also not covered.
To this point, the complex I lived in a few years ago had the boundary wall at the bottom wash away in one of the big rain storms. The wall wasn't built to spec with sufficient drainage/foundations/supports etc. even though it had remained standing for 15 years. Insurance didn't pay out and we had to foot the cost of rebuilding the entire boundary wall up to spec. It happens unfortunately.
 
Anyone with a leaking pool with the last huge “earth quake”? Long story short, insurance is only paying a % of the fixes.
 
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