If matching tiles cannot be found, does the insurer have to replace them all?

Question

José Manuel Alburquerque · Accepted Answer

It depends on who is paying. If you claim against the insurer of the neighbour or of the owners' association that caused the damage, you are entitled to have your home left as it was. That may include replacing all the tiling if there are no matching tiles. If your own home insurance is paying, it depends on the policy, because many policies only replace the tiles that are strictly necessary unless cosmetic damage cover has been taken out. If the policy limits that replacement, it is arguable whether the limitation required your separate signature, although the outcome is uncertain. If someone else caused the damage If the water came from the flat above or from a common downpipe and you claim against the insurer of the party responsible, the cosmetic damage limitations in your home insurance policy do not affect you, because you are not claiming against your own insurer. You are owed full repair of the damage. At least one judgment of the Barcelona “Audiencia Provincial”, the provincial appeal court, took that view in a case involving a broken downpipe, in which matching tiles could not be found and all of them had to be replaced. If your own insurer has already paid you applying its cosmetic damage limitations, you can claim the difference from the party responsible or that party's insurer. If your own insurer pays Check whether your policy includes cover for cosmetic damage or lack of uniformity and what its limit is. Without that cover, many insurance companies only replace the tiles that are strictly necessary. Where there is such cover, it is usually limited to the same room or to a set amount. If the limitation reduces the payout for damage that is covered and it is not highlighted and separately signed, its application to you can be challenged. How to claim it Ask for a quote that separates the cost of repairing the damaged tiles from that of replacing the whole surface. Prove that matching tiles cannot be found, for example with a letter from the manufacturer or the supplier. Take photos showing that the patch is noticeable.