The following information is intended to be a general overview of Claims Conditions. For the specific conditions relating to your current buildings insurance please refer to your full policy document.
A copy of your full policy document can be found in your Client Area together with all the relevant telephone numbers, addresses and a partially completed claim form for your use.
Your duty to take care
You and any other person to whom this insurance applies will take all reasonable precautions to prevent injury disease loss destruction or damage and all property insured under a policy will be maintained in good condition.
Claims procedure
Your duty
1) On the happening of any event for which a claim is or may be made under a policy you will:
- give written notice to the insurer without unnecessary delay;
- immediately you become aware give notice to the police authority in respect of malicious damage, robbery, theft or fraud;
- take all practical steps to avoid, minimise or check any injury disease loss destruction or damage;
- retain unaltered and un-repaired anything in any way connected with the event referred to above for any reasonable period of time required by the insurer;
- within 30 days of the event at your own expense provide to the insurer full particulars of the claim together with details of any concurrent insurances;
- at your own expense supply all information evidence and assistance as the insurer may reasonably require;
- notify the insurer immediately you become aware of or receive any letter, claim, writ, summons and/or process in connection with the event and send the insurer all documents unanswered without delay;
- give the insurer immediate notice on being advised of any impending prosecution, inquest, fatal accident or inquiry in connection with any accident which may be covered under the policy.
2) Any claimant under the policy will at the insurers request and expense take and permit to be taken all necessary steps for enforcing rights against any other party in your name before or after any payment is made by the insurer.
3) In the event of the insurer making a payment in settlement of a claim for damage under the policy and you receiving a payment from another party in respect of the same claim you will refund to the insurer a proportion of the payment they have made equal to the amount received from the other party.
The Insurers rights
1) On the happening of an event in respect of which a claim is or may be made the insurer and any person authorised by the insurer may take the following action without incurring any liability or diminishing any of the insurers rights under the policy:
- enter take or keep possession of the premises where the event referred to above has occurred;
- take possession of or require to be delivered to the insurer any property insured;
- deal with any property insured for all reasonable purposes and in any reasonable manner.
2) The insurer will be entitled to take over and conduct in your name the defence or settlement of any claim or to prosecute in your name for the insurers benefit any claim for indemnity or damage or otherwise. The insurer will have full discretion in the conduct of any proceedings and in the settlement of any claim.
3) If any property is to be reinstated or replaced by the insurer you will at your own expense provide any plans documents books and information that they may reasonably require. The insurer will not be bound to reinstate exactly but only as circumstances permit and in a reasonably sufficient manner.
4) You may not relinquish possession or handover or give up the rights to any property to the insurer irrespective of whether or not they have taken possession of the property.
5) No admission offer promise payment or indemnity may be made or given by you or on the insurers’ behalf to any third party without their written consent.
6) In respect of any claim or series of claims for which the policy indemnifies you against your legal liability the insurer may pay to you at any time the amount of the limit of liability after deduction of any sum(s) already paid as compensation or any lesser amount for which such claims can be settled
If any such payment is made the insurer will relinquish the conduct and control of and be under no further liability in connection with the claim(s) except for the payment of costs and expenses recoverable or incurred prior to the date of such payment.
Fraud
All benefit under the policy will be forfeited if any claim is:
- in any respect fraudulent or exaggerated or if fraudulent means are used by you or anyone acting on your behalf to obtain any benefit;
- any damage is caused wilfully by you or with your connivance.
Other insurance
If at the time of a claim there is any other insurance covering the same liability loss or damage the insurer will not be liable under this policy for more than our rateable proportion. |
