Ministry of Justice (MOJ) Reforms Guidance Document

Posts Tagged ‘insurance’

Ministry of Justice (MOJ) Reforms Guidance Document

Thursday, June 3rd, 2010

The Ministry of Justice (MoJ) are introducing a new insurance claims handling procedure from the 30th April 2010, and this places various statutory obligations upon lawyers and insurers. We have produced this newsletter to help you understand how the new process will operate and what this means. The MoJ has decided that lower cost motor personal injury claims generally take too long to settle and claimant lawyers fees are too high and disproportionate to the level of compensation (Damages) The process shown in the diagram applies to third party personal injury claims arising from road accidents happening on or after April 30th 2010, in England or Wales, if the estimated value of the claim is between £1,000 (Small Claims Court) and £10,000, excluding vehicle damage and hire.

It does not apply if either vehicle is registered outside the UK.

 cowens-moj-guidance-doc-2010

General Points

  • Once liability is admitted at stage 1, it is binding on the insurer throughout the process.
  • Admitting liability, before the start of the process, is not binding. This arises if a non injury claim is already progressing for, e.g. vehicle damage or hire.
  • Admitting liability for the accident does not prevent an insurer from raising fraud issues.
  • Stage 3 costs are much lower than legal proceedings outside of the process.
  • If a claim leaves the process, it cannot reenter under any circumstances.
  • Insurers will wish to keep as many third party claims as possible within the process.
  • As the Motor Insurance Database (MID) will be used to help identify the relevant insurer, it is important to maintain this on an up to date basis.
  • If the MID is wrong, by the time your insurer receives the third party notification claim, it may be too late get the case into the new process.
  • If you want any further information or help please contact your claims handler.

Chartered Insurance Broker Status

Tuesday, February 16th, 2010

On behalf of the Directors and Managers I am pleased to confirm the renewal of our Chartered Insurance Broker status.

Our belief is that the Chartered status will continue to raise the profile of the business and help enhance the professionalism of insurance broking in general in the eyes of consumers, commentators and the FSA.

Chartered titles are jealously guarded by professional bodies and are not awarded lightly. Chartered status therefore brings with it a number of serious obligations. A Chartered title is not simply recognition for staff having passed examinations.

The title Chartered Insurance Broker is a public declaration that the advice given is of the highest quality, is based solely on the researched needs of the consumer and is provided by someone not exceeding their level of competency.

A Chartered title is therefore a commitment to an overall standard of excellence and professionalism.

Regards

Stuart Williams ACII

Chartered Insurance Broker

Director

Burst Pipes – a brief guide

Friday, January 22nd, 2010

In the last few weeks, we have suffered some of the worst UK weather conditions ever experienced, with temperatures in parts of the Country reaching as low as minus 23 degrees.

Now that the thaw has set in, we here at Cowens Survival Capability, are preparing our claims department for a spate of burst pipe claims. The last time we dealt with losses on such a great scale was over ten years so we felt it would be very useful to offer you some advice on how to cope with the resulting damage.

Remedial Steps:

A burst pipe is classed as a water emergency – it can cause serious damage to a home’s or business premises structure and electrical wiring.

The following steps describe what you should do as soon as you discover a burst pipe.

snowflake1. Turn off the water supply

  • Turn off the main stop tap (stop cock) This is normally situated under the kitchen sink or where the service pipe enters your home.

Drain the system – turn on your cold kitchen tap. This should run momentarily and then stop. Has the burst subsided?

If water has been leaking through for some time and the ceilings are bulging – be careful, rooms may not be safe to enter.

If you notice the leak quickly you can catch dripping water in buckets. Make a hole in the ceiling to let water out if it starts to bulge.

2. Turn off the water heating systems

Switch off the central heating, immersion heater and any other water heating systems

If the central heating uses solid fuel, let this die out

Once water heating has shut down, turn on the hot taps to help drain the system

3. Turn off the electrics

Switch off the central heating, immersion heater and any other water heating systems.

If the central heating uses solid fuel, let this die out

Once water heating has shut down, turn on the hot taps to help drain the system

4. Call a professional to repair the damage

Electrical wiring damaged by water can be very dangerous – you will need to call in a professional if this happens.

 

Handling the Insurance Claim:

1. Call your Insurance broker to report the loss

The bursting of water pipes, tanks or apparatus is a valid peril under most insurance policies, but a number do contain warranties about the length of time a property can be left unoccupied without draining down the water system. You must be sure they have complied with limitations for your claim to be met.

2. Install a dehumidifier

You will be expected to take all steps to mitigate the loss and if the water has been running for some hours or days, it is most likely you will need to install a dehumidifier to commence the drying-out process. Act sooner rather than later, there may well be dearth of dehumidifiers if there is a spate of similar losses.

3. Alternative accommodation or alternative trading premises?

Your family can be re-housed under the alternative accommodation section of their policy if the property is uninhabitable. That means without any of the basic utilities, electricity, gas, and water or if the majority of ceilings have collapsed. Short term accommodation (hotel or friends) should be taken until the insurer’s representative has eventually viewed the damages. They will give approval for a short to medium term let of a comparable property. For commercial occupiers where damage is extensive, alternative trading premises may be required. Cover is usually provided under the Increased Cost of Working sections of a Business Interruption policy. For Landlord’s, a claim for loss of rent may be made where tenants move out to accommodate drying and repair works.

4. Redecorating and minor repairs

The full extent of water damages only appears after the property is completely dry and it might take several weeks of drying-out before the full extent can be assessed. You should resist the temptation to redecorate too early. Insurers will not pay for two lots of redecoration. Minor repairs can be conducted but once again it is prudent to wait until the property dries.