Place of the event: Private home. Fenced. Insured with ABSA
Date of the event: 30 July 2024
Duration of the event: 10+ days
Damages:  Tons of sewage and water flowed from outside my property into my property over 10 days. I have damage to the driveway and formation of sink hole in the driveway. The sewage/water flow originated from a municipal sewage pipe located outside of my property +- 50 metres away from my boundary fence. The flow was unattended by the municipality sewage team for 10 days.

Basis of dispute: See the ABSA  deadlock letter attached.
1. “General policy exclusions
We will not cover you for:

1. ABSA – Loss or damage that is NOT sudden and unforeseen.

My answer: The event WAS sudden and unforeseen!!  I could not possibly (and I did not) have anticipated a major municipal pipe burst/leak/flow mid morning while I was at work.  Passers by called my husband’s (Nick Davel) office  (he is well known in town as a Remax real estate agent)  to report the water/sewage flowing from outside my property into my property and garages. He then arrived to find the damage in progress. ABSA, by quoting this clause, suggest that I was to foresee this event happen and anticipated a time that it was to happen.

2. ABSA – Loss or damage that is not caused by an insured event/peril.

My answer:  To my knowledge I am insured for water damage to my property.  On a previous claim/occasion in Johannesburg I had water damage to my property from rain and hail… water damage… and I was covered by ABSA insurance and they repaired the damage. I have had a geyser burst and ABSA honored the claim caused by water damage. My property was now damaged by masses of water/sewage that was unforeseen and sudden. The origin of the water/sewage that caused the damage over +- 10 days was outside of my property.  OUTSIDE.  If a river overflows it’s banks and floods my property miles away… am I not insured??  Or am I not insured against any water damage whatsoever that originates outside my property but damage the inside of my property whilst I am paying ABSA to carry my risk?

4. ABSA – Damage to pressurised pipes
What we will not cover you for in respect of this insured peril:
•All pipes that carry water, sewerage and any other substance from anywhere on the insured’s property for the
purposes of draining and any resultant damage, are excluded from all forms of cover provided for under this policy

My answer:  There are zero pipes involved in this event. As I have zero pipes that caused this damage they are not pressurized in any way or form. THERE ARE NO PIPES INVOLVED. 
ABSA policy clearly states that: “from anywhere ON the insured’s property”.

The water DID NOT originate from “on my property”.  The masses of water and sewage originated from an open space of land that belongs to the municipality and flowed for +- 40 meters BEFORE it reached my property, and then flooded my drive-way and drains and yard and garages through my auto access gate and and mesh fence. The water was never in any pipe whatsoever on my property.  And as the water and sewage flowed freely from outside my property to inside my property it was never pressurized.  



Background:  ABSA assessor attended. The assessor informed that he could not accurately assess the underground damage and that they would appoint an engineer to assess. The engineer was never appointed and never attended my property.

The claim was rejected on seemingly incorrect data given by assessor. I objected by supplying correct data with evidence and descriptions to ABSA.  I informed them that the engineer never attended. Claim was approved and a contractor for the repairs was appointed.  The appointed contractor never contacted me and did not perform for several weeks.  On inquiry ABSA says claim was rejected.  I was never informed that it was rejected.  I received an approval letter and ABSA appointed a contractor to make repairs.

Approximate timeline.
15/08 – sent email to report damage
19/08 – no response from ABSA so sent it again
21/08 – again no response from ABSA  and sent it again
22/08 – asked what is going on
23/09 – asked what is going on
26/09 – asked what is going on
30/09 – sent another email
Sent assessor to the site.
09/10 – claim rejected by ABSA
04/11 – emailed an objection letter with facts and proof of event
18/11 – no feedback from ABSA  stating that we would have a response within 3 days
20/11 – ABSA approved claim and appointed contractor to do the repairs. Included was a performance form for contractor. See attached. Contractor did not respond for +- 3 weeks.  I had to call them to attend to the repairs. Fabian informed that they were not aware of their appointment to effect the repairs. Fabian then asked my husband Nick to get quotes from a sub-contractor. I got the quotes and forwarded to Fabian and Marlon.  They never responded and not once called back. See quotes sent to Fabian and Marlon attached.

16/01 – again no response from contractor
21/01 – still no response from ABSA or contractor

I asked ABSA to intervene with the contractor not responding. The claim was approved in writing and I was not aware that it was rejected…. again.  No process was followed or communicated to me.  I received the approval from ABSA to get the damage repaired.

ABSA then referred the matter to an internal body for some reason they did not disclose to me.

Notification letter from ABSA that the claim is rejected dated 12 February 2025

Dear: Mrs.  Davel
RE: APPEAL ON CLAIM NUMBER: 520211
Your request to review the outcome of your claim refers.
The matter was escalated to our Complaints and Claims Resolution Committee for deliberation.
The Committee reviewed your claim together with your complaint and considered all the facts; unfortunately, the rejection has been maintained.
Kindly find the written confirmation attached.
Note that the internal complaints process has now been exhausted however, you are entitled to seek external assistance on this matter, details for which are on the attached letter.
Thank you for your patience in this matter.
Should you wish to pursue the outcome of the complaint, and have it adjudicated by an independent body, you may refer the complaint to the National Financial Ombud Scheme on:

Tel. 011 726-8900 | Fax. 011 726-5501 | Share Call: 0860 800 900 | WhatsApp: 066 473 0157 | E-mail. info@nfosa.co.za | Postal Address: P O Box 32334 Braamfontein, 2017 | Physical Address Johannesburg: 110 Oxford Road, Houghton Estate, Johannesburg, Gauteng, 2198 | Physical Address Cape Town: Claremont Central Building, 6th Floor, 6 Vineyard Road, Claremont, Western Province, 7700 | Mon-Thu: 08h00-16h30 & Fridays: 08h00-16h00
Kind regards
Mbalizethu Ngoobo
Specialist Case Manager
T :0860 111 665
T: 011 501 8371
E mbalizethu.ngoobo@absa.africa
9 Lothbury Road, Auckland Park, Johannesburg 2092, South Africa
www.absa.co.za


Follow up letter to ABSA after non-performance from ABSA and ABSA appointed contractor on 6 January 2025:

Dear Sir / Madam
Kindly assist or advise at your earliest convenience
I received this approval (job card) from you on 20 November 2025.  ABSA Bank appointed BM Leibrandt Restoration Cape Pty Ltd(Knysna to effect repairs to the driveway and sink hole.
By 9 December 2024 the contractor (Mr Marlon Leibrandt 082 0823213) still did not contact us to make arrangements. On 9 December I contacted the contractor to ask when they will effect the repairs.
Fabian from Leibrandt advised me that they were never appointed as the contractors to do the repairs. Fabian further told me that to their knowledge the claim was settled directly with me.  I told him this was not the case and we received the ABSA letter and job card that Leibrandt Restoration Cape PTY LTD Knysna would do the repairs. See letter and job card attached below. Not once did Marlon Leibrandt from Leibrandt Restoration contact me or Nick Davel.
I called Mr Marlon Leibrandt from Leibrandt Restoration this morning, 6 January 2025,  to follow up on when they would start the repairs.  I gave them a quotation for the repairs in December 2024.  Fabian confirmed that they forwarded this to ABSA Bank.  They are now on a holiday break and will only return to work on 20 January 2025!

The damage occurred on about 11 August 2024.  The work was approved by ABSA 20 November 2024 (101 days after the damage occurred)   It is now 6 January 2025 (148 days since the damage occurred)
The time frame to make these repairs is unacceptable!
Please advise if you are in a position to appoint an alternative contractor immediately that will be able to do the repairs in an acceptable time frame (I request completion by 31 January 2025).  Alternatively,  would ABSA Bank consider a payment to me or my appointed contractor?   The value the same as of the quotation supplied by Leibrandt Restoration  (or your alternative contractor) I would then appoint a local contractor to do the repairs.

The sinkhole is getting bigger and the damage getting worse. Please would you revert at your earliest convenience.  I called your call centre on 0860 111 665 several times with zero reponse from them.

Best Regards
Noeleen Davel
082 6688373

_____________
What I want from ABSA:
1.  To use the correct data of the event and where the actual event occurred in order to assess if the claim is valid.
2.  Pay for the damage/repairs.  ABSA insured the risk on my behalf.

Why reject the claim, then approve it after my objection, then reject it again without informing me that it was rejected.  I found out it was rejected only once I have waited for weeks for the approved and appointed contractor to attend to the repairs.

It is my opinion that the assessor who attended, reported inaccurate/incomplete information to ABSA Bank.  See my response to ABSA attached, after which the claim was approved. The assessor that attended on behalf of ABSA BANK  (Fabian) expressed the need for an engineer to attend to inspect underground damage.  This engineer never attended. The reasons supplied by ABSA to firstly reject the claim contained inaccurate and irrelevant information as can be seen in my response to the objection attached.

After the claim was “rejected” for the 2nd time, ABSA informed that they would appoint another assessor. This never happened. I nly received notification that the rejection was upheld after they approved the claim.