The Chartered Institute of Loss Adjusters England Riot Update 25 th August 2011.

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Presentation transcript:

The Chartered Institute of Loss Adjusters England Riot Update 25 th August 2011

Scale & Locations The ABI has estimated that insured losses amount to around £200,000,000 although this is not a definitive amount. Primary locations included: –London –Manchester –Salford –Liverpool –Nottingham –Birmingham Panorama BBC Television report ust_Riots/ ust_Riots/

Policy Cover Riot is often an insured peril, members must verify cover, conditions, warranties, underinsurance issues etc as in any other claim. Generally, the Policyholder is required to report losses within 7 (Seven) days to Insurers. Members should verify time limits and seek Insurers’ instructions where limits are exceeded. Members also might like to make reference to the FOS News issue 95 ombudsman.org.uk/ which commented on time limits but unrelated to riot claims ombudsman.org.uk/

Recovery There are two statutes and an amendment to consider: Public Order Act 1996 Section 1 – this defines Riot The Riot Damages Act 1886 – this provides the right to compensation both to the affected individual and to any party (including insurers) who have paid the affected persons funds to reduce the loss The Riot (Damages) (Amendment) Regulations 2011 and The Riot (Damages) (Amendment No. 2) Regulations 2011

Non Recoverable The Government provide the following advice for what is not covered by the compensation scheme: Property which is not a building or is not in a building – therefore someone robbed in the street during the riot may not be compensated Personal injury Consequential losses – The Government web site provides advice that Business Interruption claims are not recoverable – there is NO legal consensus on this view and the Institute will keep members informed

Recovery Process So far the Government have concentrated efforts on those who are uninsured. Your Institute is aware that the process concerning insured losses is not clear and members can be assured that we continue to address this issue on your behalf The ABI have asked their members to hold onto claims at this stage until the process is clarified The Institute is in regular contact with those concerned and will keep members advised.

Uninsured Persons The Government web site DirectGov provides the following information, amongst other things: a.The law says that you may be able to claim compensation from your local police authority if you have suffered: a.Damage, destruction or theft to houses, shops and other buildings or their contents. a.You are not eligible for compensation from your police authority for: a.Personal injury b.Your vehicle being damaged or stolen during riot (unless the vehicle was inside a building affected by riots) c.Trading at your business being affected by the riots

Process Uninsured The Government website states that if you are not insured: 1.You have 42 days to make a claim for compensation. These days are counted from the first day after the damage occurred. 2.For guidance (for those uninsured) telephone or 3.The claim form may be downloaded from the Government web site and once completed sent to: PO Box 26948, Glasgow, Scotland G2 9DP Web site address

Summary The foregoing is the latest information that we have and has been updated following a briefing at the ABI in the presence of a Cabinet Office representative on 24 th August The Cabinet Office representative confirmed at the meeting yesterday that the amendment to the Riot Damages Act extending the time limit to submit claims to 42 days was for all riot claims going forward. The representative did, however, highlight that it was a simple process for the Government to amend the Act to change this limit in the future. We shall continue to update members.