Insurance companies - who is responsible?

We had a flood in our property in January 2010 that was caused by our upstairs neighbour´s hot water tank becoming disconnected which resulted in mains water pouring into their property and through the floor to us below for 5 hours. 

This caused quite a bit of damage which we reported to our insurance company.  As we were fully insured (with one of the largest insurers in Spain - for more than 6 years) we were under the illusion that all the damages would be covered, repaired, and replaced where necessary.

We understood there would be a delay to getting everything sorted out due to the pressing nature of many claims following the terrible weather of last Winter so were prepared to be patient. The various troops of assessors came around and works started by the insurers own team.  One day a painter, next day the same person to do something else etc.  The standard of their work left a lot to be desired and we had to have the painters come back twice and they are due back again.  However, we were waiting for the insurance company to undertake repairs on our kitchen floor.  The ceramic tiles got water below them and when they dried out they lifted in a number of places.  Our insurance company have now told us (March 2011) that this is not covered.  They initially said that it was due to defective materials being used that caused the problem, however they changed this when the developer came along with the insurance company to say that floors of this type are not covered.  Slightly perplexed we contacted our neighbour´s insurance company and have been told that this is not covered due to defective materials being used.  We believe they are saying that had the materials been good, then the water would not have penetrated the floor. 

We are walking gingerly around the floor to avoid splintering the tiles which would look unsightly, however we have around 8 tiles raised up in the air and are unsure where to go now.  The tiles raised up as a direct result of the flood.  We have owned our property for years and have not had any issues with the floor, until after the floor dried out following the flood.

Is anyone able to help us with a sensible solution to this.  Seemingly we have insurance, the neighbours also have insurance but we are expected to put this problem right at our own cost and don´t understand why.

Any help anyone can give us would be very much appreciated. Aarghhhhhhh

Seems outrageous to me - surely one of the insurances should cover this???

Insurers will ALWAYS find a way out of paying for repairs.

I hate letting big companies get away with this sort of thing.  Personally I would look to get a lawyer involved although if you do you will have to balance out the potential loss should it not help!

I would rather lose the money than just give in but that's me I suppose.

Justin

Perhaps I am missing something. But surely if an insured property damages another insured property ONE of the insurers must pay.  Whilst getting a lawyer on the case is one thing, I am not clear as to what my next actions should be.  Would really be interested to learn if someone has experience in this area ie is there an Insurance Ombudsman who can assist. 

Appreciate insurance companies took a bit of a hammering following floods but I have paid all my premiums and I still don´t ´get´ that damage can be caused by someone else and I have to pay - please help!!!!

Dont I know how you feel, my washing machine has blown up due to a power cut which is covered by the insurance but they claim its from over use and wont cover it, its only 6 months old! There is no over use!

Anyways, maybe you can try the developers insurance, surely if the tiles were not layed correctly in the first place as the insurance companies claim get a report and claim from the developers, its the only thing i can think of.

Good luck! Insurance companies here are a nightmare, doesn´t matter how big or small they are.

Joan