Landlord’s Choice premier policy document Buildings and contents insurance th
(Applicable to policies 12 August 2016)
Your Landlord’s Choice premier policy Your policy provides cover for the sections and the period of insurance shown in Your policy schedule.
The Underwriters This insurance is underwritten by certain underwriters at Lloyd’s and other insurance companies as noted below, referred to collectively as the ‘Underwriters’ who are authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. The proportion of liability under this contract underwritten by an insurer (or, in the case of a Lloyd’s syndicate, the total of the proportions underwritten by all the members of the syndicate taken together) is shown in this contract. In the case of a Lloyd’s syndicate, each member of the syndicate (rather than the syndicate itself) is an insurer. Each member has underwritten a proportion of the total shown for the syndicate (that total itself being the total of the proportions underwritten by all the members of the syndicate taken together). The liability of each member of the syndicate is several and not joint with other members. A member is liable only for that member’s proportion. A member is not jointly liable for any other member’s proportion. Nor is any member otherwise responsible for any liability of any other insurer that may underwrite this contract. The business address of each member is Lloyd’s, One Lime Street, London EC3M 7HA. The identity of each member of a Lloyd’s syndicate and their respective proportion may be obtained by writing to Market Services, Lloyd’s, at the above address. Although reference is made at various points in this clause to “this contract” in the singular, where the circumstances so require this should be read as a reference to contracts in the plural.
Property owners legal & rental protection insurance section Markel International Insurance Company Limited authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority (FCA Register No 202570) and administered by Abbey Protection Group Limited authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority (FCA Register No 308829).
All other sections Lloyd’s Syndicate 4444 and 958 which are managed by Canopius Managing Agents Limited (FCA Register No: 204847) authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 1 of 44
The contract The contract does not give, or intend to give, rights to anyone else. No-one else has the right to enforce any part of this contract. Insurers or their appointed agents may cancel or change any part of the contract without getting anyone else’s permission. This document and the policy schedule and property schedule set out what is and what is not covered, together with the sum insured and any special terms that may apply. They all form the contract of insurance between You and Insurers and should be read together. Please check that they meet Your needs and that You understand them. If You have any questions about these documents, please contact the insurance advisor who arranged the policy for You, who will be pleased to help You.
Contents
Your landlord’s choice portfolio policy ..................................................................................................... 1 Important information............................................................................................................................... 3 Conditions ................................................................................................................................................ 6 Landlords buildings and landlords business contents sections............................................................. 11 Buildings ................................................................................................................................................ 14 Landlord’s business contents ................................................................................................................ 23 Exclusions.............................................................................................................................................. 29 Endorsements ....................................................................................................................................... 30 Property owners legal & rental protection insurance section ................................................................ 31 Part 1 - Property owners legal protection .............................................................................................. 35 Part 2 - Landlords rental protection ....................................................................................................... 37
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 2 of 44
Important information The Policy is administered by Bluefin Insurance Services Limited in accordance with the authority granted under binding authority binding authority UMR B6839P18037AAA. Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered in England No. 931954. Registered Office: 5 Old Broad Street, London EC2N 1AD.
Your cancellation rights If You decide that You do not want to accept the policy or any future renewal of the policy, tell Insurers or their appointed agents (or Your insurance advisor) of Your decision in writing or by phone using the contact details provided on the covering letter within 14 days of receiving the policy (or for renewal, within 14 days of Your policy renewal date). If no claims have been made We will refund the premium You have paid. If a claim is made Insurers will charge You for the days they have been on cover (applying a minimum charge of £15 plus insurance premium tax) and refund the remainder of the premium You have paid. You may cancel the policy at any other time by telling Insurers or their appointed agents, either in writing or on the phone. Insurers or their appointed agents may cancel Your policy by giving You 7 days written notice to Your last known address, and will give You a refund in proportion to the time left until Your current period of insurance is due to run out (as long as You have not made a claim).
Making a complaint In the event that you wish to make a complaint you may contact us at the address below: Chief Underwriting Officer, Bluefin Insurance Services Limited, Cutlers Exchange, 123 Houndsditch, London EC3A 7BU. In respect of all sections other than the property owners legal & rental protection insurance section: Should you remain dissatisfied with the response that you receive from us, you may if you wish, refer your complaint to Lloyd’s. Lloyd’s will investigate the matter and provide a final response. Lloyd’s contact details are as follows: Complaints Lloyd’s One Lime Street London EC3M 7HA Email:
[email protected] Telephone: +44 (0)20 7327 5693 Fax: 44 (0)20 7327 5225 Website: www.lloyds.com/complaints In respect of property owners legal & rental protection insurance section or if you remain dissatisfied with Lloyd’s final response or if you have not received a written final response within eight weeks from the date Bluefin Insurance Services Limited received your complaint:
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 3 of 44
You may, if eligible, refer your complaint to the Financial Ombudsman Service (FOS). The Financial Ombudsman Service is an independent service in the UK for settling disputes between consumers and businesses providing financial services. The FOS’s contact details are as follows: Financial Ombudsman Service Exchange Tower London E14 9SR Email:
[email protected] Telephone: +44 (0)300 123 9 123 Website: www.financial-ombudsman.org.uk
Financial services compensation scheme (FSCS) Insurers and Bluefin Insurance Services Limited are covered by the Financial services compensation scheme (FSCS).You may be entitled to compensation from the scheme, if Insurers or Bluefin cannot meet their obligations. This depends on the type of business and the circumstances of the claim. For compulsory classes of insurance, the advising and arranging of insurance is covered for 100% of the claim. For other classes of insurance, the advising and arranging of insurance is covered for 100% for the first £2000 of a claim and 90% of the remainder of the claim. There is no upper limit. Further information about the compensation scheme is available from the FSCS Financial Services Compensation Scheme and on their website: www.fscs.org.uk Financial Services Compensation Scheme 10th Floor Beaufort House 15 St Botolph Street London EC3A 7QU Telephone: 0800 678 1100 or 020 7741 4100 E-mail:
[email protected] Website: http://www.fscs.org.uk
Making a claim To make a claim You should first contact the insurance advisor who arranged the policy for You. You may also ring Our claims helpline, which is available 24 hours a day 365 days a year: Telephone: 0844 856 2439 You may also email Us at:
[email protected] When You contact Your insurance advisor or Bluefin about a claim You will need to confirm: Your name and address the place where the loss or damage occurred what caused the loss or damage Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 4 of 44
what loss or damage has actually occurred if Your claim is a Theft or Malicious Damage loss, You should also inform the Police immediately.
Property owners legal protection and rental protection insurance Initial notification of a claim must be made immediately by contacting the Claims Department on 0870 600 1480 or writing to: Abbey Legal Protection Minories House 2-5 Minories London EC3N 1BJ Fax No: 0370 600 1481 For landlords rental protection insurance (where applicable) claims must be notified within 60 days of the Tenant first defaulting on the terms of the Tenancy agreement. Failure to notify the claim within this time will invalidate the insurance cover. All notices and communications from the insurer or their Appointed Representatives to the Insured shall be deemed to have been duly sent if sent to the Insured’s address as last declared to Abbey or, in relation to any matters arising out of any claim or legal proceedings, if sent to the Appointed Representative. All notices and communications from the Insured or the Appointed Representative to the Insurer shall be deemed to have been duly noted if sent to Abbey at the above address.
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 5 of 44
Conditions These conditions apply to all Sections of this Policy. Where additional conditions apply to a specific section of this policy these additional conditions take precedence and are stated under the relevant section. 1.
2.
Cancellation a)
We may cancel this Policy at any time and in any Period of Insurance by giving a minimum of thirty (30) days’ notice to You at the last address You provided Us with.
b)
If We cancel this Policy then You will be entitled to a proportionate refund of premium, based on the number of days remaining in the Period of Insurance, unless a claim has been made (or an incident notified to the Company that could give rise to a claim) during the Period of Insurance when no refund of premium will be made.
Change of risk and interest 1.
You must advise Us as soon as You become aware of: a)
any structural work to the Private Residence;
b)
any other work (other than minor repairs or alterations or general maintenance work) to be or being carried out in or on the Private Residence or the site on which the Private Residence stands;
c)
any change in the occupation of the Private Residence which increases the risk of Damage as insured by the Policy.
The insurance will not be prejudiced by any act or omission unknown to You or beyond Your control on the part of a tenant occupying or using the Private Residence whether constituting an increase in risk or not, provided that as soon as practicable after You become aware of the work or change, You give notice in writing to Us and pay any additional premium We may require. 2.
This Policy will cease to be in force if: a)
Your interest in the business ceases other than by death; and/or
b)
the business is to be wound up or carried on by a liquidator or receiver or permanently discontinued at any time after the effective date (as shown in The Schedule) unless its continuance be admitted by memorandum signed by or on behalf of Us.
Nothing contained in this Policy will give any person, persons, Limited or Public Limited Company or Limited Liability Partnership other than You any right against Us except for a person, persons, Limited or Public Limited Company or Limited Liability Partnership to whom the policy has been transferred and who has been approved by Us. 3.
Condition Precedent to Liability A condition of this Policy where non-compliance (provided that such non-compliance is material to the loss) shall mean the claim will not be paid and any payment on account of the claim already made by Us shall be repaid to Us. Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954.
BU Landlords Choice Portfolio Policy Wording 08.16
Page 6 of 44
4.
Cooking arrangements No cooking is to be undertaken inside any part of the building other than in areas that have been constructed and equipped as domestic kitchens.
5.
Flat roof maintenance Flat felt roofs must be inspected every five years by a qualified builder or surveyor and any defects repaired immediately.
6.
Governing Law Unless specifically agreed to the contrary this contract of insurance shall be governed by the laws of England and subject to the exclusive jurisdiction of the courts of England and Wales. Unless otherwise agreed, We will communicate with You in English.
7.
Index Linking We will increase Your buildings sum insured each month in line with the House Rebuilding Cost Index produced by the Royal Institution of Chartered Surveyors. We will increase Your landord’s business contents sum insured each month in line with the Durable Household Goods Section of the Retail Price Index.
8.
Loss of damage You must tell Us about any loss, damage or liability as soon as reasonably practicable and give Us all the information and help We may need. We will decide how to settle or defend a claim and may carry out proceedings in the name of any person covered by Your policy including proceedings for recovering any claim.
9.
Mortgagees and lessors Any increase in the risk of damage due to any act or neglect of any Mortgagor, Leasholder, Lessee or Occupier of any buildings will not prejudice the interest of any Mortgagee, Freeholder or Lessee provided the increase in risk is without their prior knowledge or authority and We are notified immediately the become aware of the increase in risk and pay any additional premium.
10.
Other insurance If any claim is covered by any other insurance, We will not pay for more than Our share of that claim.
11.
Precautions You must do all You can to prevent and reduce any loss, damage or injury and comply with statutory obligations and regulations imposed by any authority.
12.
Regulations and conditions for rented accommodation You must meet all local and national authority regulations governing rented accommodation. If You do not meet these regulations, and a claim happens, We may decide not to pay the claim. These include (but are not limited to): Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954.
BU Landlords Choice Portfolio Policy Wording 08.16
Page 7 of 44
a) b) c) d)
e)
not having more than the number of people legally allowed to live in the Private Residence; keeping to the Furniture and Furnishings (Fire Safety) Regulations 1988 (or as amended); having the minimum legal number of smoke detectors, fire extinguishers and fire blankets in the Private Residence; making sure that all gas appliances in the Private Residence are serviced by a Gas Safe registered engineer within 15 days of the start of this insurance or not more than a year from the date each one was last serviced, (You must be able to give Us original dated receipts for the servicing of each appliance for a period of 24 months); and having a valid certificate issued by an NICEIC member and which is less than five years old, confirming that the electrical system in the Private Residence is in a good state of repair.
You or an authorised person must inspect the inside and outside of the Private Residence at least once every six months. 13.
Repair, renovation or redecoration Whilst the building is being repaired, renovated or redecorated the Excess shown in Your policy schedule, property schedule or policy endorsement is increased by £250.
14.
Rights of parties A person or company who was not a party to the policy has no right under the Contracts (Rights to Third Parties) Act 1999 or any subsequent legislation to enforce any term of this policy but this does not affect any right or remedy of a third party which exists or is available apart from such act.
15.
Sanctions We shall not provide any benefit under this contract of insurance to the extent of providing cover, payment of any claim or the provision of any benefit where doing so would breach any sanctions, prohibition or restriction imposed by law or regulation.
16.
Theft or malicious damage You must report any loss by theft, attempted theft or malicious damage to the police as soon as reasonably practicable.
17.
Unoccupancy When the Private Residence is Unoccupied (i.e. not permanently live in by You, a tenant, or a person You have authorised or without enough furniture for normal living purposes) for longer than 7 consecutive days: a)
b)
c)
d)
the policy Excesses shown in Your policy schedule, property schedule or policy endorsement are increased by a further £250 for buildings and £500 for landlord’s business contents; the Private Residence must be inspected not less than once every 14 days by You or a responsible person acting on Your behalf and any faults discovered remedied immediately; all locks and bolts for securing external doors, windows and fanlights which are accessible without the use of a ladder or from drainpipes must be put into full and effective operation and the keys withdrawn from the locks and bolts whenever the Private Residence is left unattended; all refuse and waste materials must be removed from the interior of the premises and no accumulation of refuse or waste be allowed in the adjoining yards or spaces owned by You; Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954.
BU Landlords Choice Portfolio Policy Wording 08.16
Page 8 of 44
e) f)
You must take reasonable steps to prevent accumulation of mail; st st during the period between 1 October and the 31 March in any year the central heating system (where installed) must be kept working to maintain a temperature of no less than 10 degrees centigrade or the water must be turned off at the mains and the water system completely drained.
When the Private Residence is Unoccupied for longer than 60 consecutive days, the 7 day Unoccupancy conditions above still apply and: a) b)
You must inform us; You must seal up all letter plate apertures or, if impracticable fit the rear of the aperture with an enclosed metal box and frequently remove any materials delivered.
Unless We agree otherwise cover is restricted to; Buildings events and additional cover: 1 4 7 9 21 22 23 24 28
fire, lightning, explosion or earthquake; aircraft, animals or vehicles hitting the buildings; subsidence or ground heave of the site that the buildings stand on or landslip; falling tree or branches, lamp posts or telegraph poles; Your liability to others; Your liability to domestic employees; selling the buildings; automatic cover for new properties; contract works.
Landlords business contents events and additional cover: 1 4 7 9 19
fire, lightning, explosion or earthquake; aircraft, animals or vehicles hitting the buildings; subsidence or ground heave of the site that the buildings stand or on landslip; falling trees or branches, lampposts or telegraph poles; Your liability to others (but only if this cover has been selected and is shown on the policy schedule or property schedule).
Claims Conditions 1.
Deliberate or reckless non-disclosure, misrepresentation or false description If You deliberately or recklessly breach Your duty to provide a fair presentation or as a consumer You deliberately or recklessly make a misrepresentation, We shall be entitled to cancel this policy from the inception date, refuse all claims and not return any of the premiums paid.
2.
Fair presentation of risk Prior to the inception date or renewal of this policy, You must make to Us, a fair presentation of the risk. You must: 1.
2.
disclose to Us every material circumstance which You know or which You ought to know (being any material circumstance which should have been revealed by a reasonable search of information available to You); or failing that, disclose to Us sufficient information to put Us on notice that We need to make further enquiries for the purpose of revealing those material circumstances; and Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954.
BU Landlords Choice Portfolio Policy Wording 08.16
Page 9 of 44
3. 4.
make such disclosure in a manner which is reasonably clear and accessible to Us; and ensure that, in such disclosure, every material representation as to: a) a matter of fact is substantially correct; and b) a matter of expectation or belief is made in good faith.
A circumstance or representation is material if it would influence the judgement of a prudent insurer in determining whether to take the risk and, if so, on what terms. Unless We have specifically asked You in relation to it, You do not need to disclose any matter or circumstance: 1.
2. 3. 3.
which an insurer, offering the class or classes of insurance business to insured in Your trade sector, in respect of which You are insured under this policy, would be reasonably expected to know in the ordinary course of business; which diminishes the risk; of in respect of which We have waived a requirement to be provided information.
Innocent non-disclosure and/or misrepresentation – proportional remedy If, prior to inception or renewal of this policy, or prior to any agreed variation to this policy during the policy term (a “Variation”), You have failed to disclose, or have misrepresented a material fact to Us that would entitle Us to avoid this policy or any Variation, this clause shall apply, unless the non-disclosure or misrepresentation by You is proven by Us to be fraudulent or deliberate or reckless or of such other nature that, if the material fact had been disclosed or had not been misrepresented, We would not have underwritten this policy or agreed to the Variation. For the purposes of this clause, a non-disclosure or misrepresentation is “deliberate or reckless” if: 1. 2.
in the case of a misrepresentation, You knew it was untrue or misleading, or did not care whether or not it was untrue or misleading in the case of a non-disclosure, You knew that the matter to which the non-disclosure related was material to Us, or did not care whether or not it was material to Us.
The burden shall be on Us to prove all matters set out in this clause. In the event that this clause applies, We will not be entitled to avoid this policy or any Variation for such non-disclosure or misrepresentation (other than where the non-disclosure or misrepresentation is fraudulent, deliberate, reckless or of such other nature that, if the material fact had been disclosed or had not been misrepresented, We would not have underwritten this policy or agreed to the Variation) and instead We will indemnify You subject to the following: 1.
if We would have charged a higher premium had the material fact been disclosed or not been misrepresented, We may reduce proportionately the amount to be paid on any claim.
For the purposes of this clause “reduce proportionately” means that We need to pay on X% of the amount that We would otherwise have been under an obligation to pay under the terms of this (or, if applicable, under the different terms provided for by virtue of sub-clause 2. below), where: X = Premium actually charged / Higher premium x 100
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 10 of 44
2.
if We would have underwritten this policy or agreed to the Variation on different terms (other than in relation to the premium charged), We shall be entitled to impose all such terms by giving You written notice of all such additional terms. Any additional term notified will take effect as if imposed from the inception of this policy or the date of the Variation .
The above provisions do not affect any of the other terms and conditions of, or Our other contractual rights under this policy (including as varied by a Variation). For the purpose of this condition the acts, omissions or knowledge of one Insured shall not be imputed to any other Insured. 4.
Terms not relevant to the actual loss Where there has been non-compliance with any term (express or implied) of this policy, other than a term that defines the risk as a whole, and compliance with such term would tend to reduce the risk of: a) b) c)
loss of a particular kind, and/or loss at a particular location, and/or loss at a particular time,
then We agreed that We may not rely on the non-compliance to exclude, limit or discharge Our liability under this policy if You show that non-compliance with the term could not have increased the risk of the loss which actually occurred in the circumstances in which it occurred.
Landlords buildings and landlords business contents sections Definitions Certain words have specific meanings when they appear in this policy. These meanings are shown below or in the section where they apply. They are printed in bold type. Domestic employee - domestic staff, cleaner, gardener, caretaker, or any occasional employee undertaking repairs or decorations in connection with the buildings covered by this policy, employed by You. Excess – the first amount of any claim for which You are responsible. Garden (s) – the flowerbeds, lawns, plants, shrubs or trees, ornaments or statues in the Garden within the boundaries of the buildings. Private residence – let domestic property consisting of individual: houses; bungalows; maisonettes; flats; Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 11 of 44
purpose built flats, or apartment blocks.
Unoccupied/Occupancy – if the home is either: not permanently lived in by You, a tenant, or a person You have authorised; or without enough furniture for normal living purposes. Vehicles and craft – any electrically-or mechanically-powered vehicles, caravans, trailers, watercraft including surfboards, hovercraft, aircraft, all terrain vehicles or quad bikes (but not domestic gardening equipment, battery-operated golf trolleys or wheelchairs, battery-or pedestrian-operated models or toys). Insurers/ We/ Us/ Our – The Underwriters as set out in the section of the policy headed the Underwriters. You/Your/Insured - the person, persons, Limited or Public Limited Company or Limited Liability Partnership named in the Schedule. Classification of tenancy types Your policy schedule or property schedule will show the tenancy type You have selected for the property insured. You must tell Us if any of the information, (including the tenancy type) on which this insurance is based changes – see policy condition 7. P - Professional and working or retired families Individual, self contained accommodation, let for a minimum of 6 months, tenanted by: a family unit; a single person; two people sharing. Who are gainfully employed or retired. Provided that the tenancy agreement is between the Tenant and the Landlord or their appointed Letting Agent. Excludes: holiday lettings; asylum seekers or refugees. S - Students Individual, self contained accommodation, let for a minimum of 6 months, tenanted by: students. Provided that the tenancy agreement is between the Tenant and the Landlord or their appointed Letting Agent. Excludes: holiday lettings; asylum seekers or refugees. G - Government benefits Individual, self contained accommodation, let for a minimum of 6 months, tenanted by: Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 12 of 44
persons in receipt of Government benefits or not gainfully employed.
Provided that the tenancy agreement is between the Tenant and the Landlord or their appointed Letting Agent. Excludes: holiday lettings; asylum seekers or refugees. W - Standard risk Individual or shared accommodation, tenanted by: working persons; retired persons; students; persons in receipt of Government benefits. Provided that the tenancy agreement is between the Tenant and the Landlord or their appointed Letting Agent. Excludes: holiday lettings; asylum seekers or refugees. D - DSS referrals Individual or shared accommodation tenanted by: working persons; retired persons; students; persons in receipt of Government benefits. Where the contract to house is other than between the Landlord and the Tenant. Excludes: holiday lettings; asylum seekers or refugees. B - Bed-sits Accommodation with individual cooking arrangements i.e. cooking in rooms, tenanted by: working persons; retired persons; students; persons in receipt of Government benefits. Where the tenancy agreement is between the Tenant and the Landlord or their appointed Letting Agent or where the contract to house is other than between the Landlord and the Tenant. Excludes: holiday lettings; asylum seekers or refugees. A - DSS referrals including asylum seekers or refugees Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 13 of 44
Individual or shared accommodation, tenanted by: working persons; retired persons; students; persons in receipt of Government benefits. Where the contract to house is other than between the Landlord and the Tenant. Excludes: holiday lettings. H - Holiday lets Individual or shared accommodation, tenanted by: working persons; retired persons; students; persons in receipt of Government benefits. Provided that the tenancy agreement is between the Tenant and the Landlord or their appointed Letting Agent. Excludes: asylum seekers or refugees.
Buildings Buildings are: the main structure or the risk address shown in Your policy schedule or property schedule, including its permanent fixtures and fittings if they are Your property; domestic outbuildings, private garages, including garages on nearby sites that form part of the risk address shown on the policy schedule or property schedule; ornamental ponds or fountains, swimming pools and tennis courts; central-heating fuel tanks, cesspits and septic tanks; fences, gates, hedges, lamp posts, railings and walls; drives, paths, patios and terraces; communication aerials and closed circuit surveillance equipment including piping, ducting, cables, wires and associated control gear and accessories on the premises and extending to the public mains, but only to the extent of Your responsibility, but not satellite television-receiving equipment or television and radio aerials.
Covered events We cover sudden and unexpected loss of or physical damage to the buildings caused by events 1 to 13 (and 14 if accidental damage is shown as included in Your policy schedule or property schedule). Event 1. Fire, lightning, explosion or earthquake.
Exclusions The Excess as shown in the policy schedule or property schedule.
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 14 of 44
2. Riot.
The Excess as shown in the policy schedule or property schedule.
3. Malicious damage.
Loss or damage when the Private residence is Unoccupied for more than 60 consecutive days (see condition 10 Unoccupancy). The Excess as shown in the policy schedule or property schedule. Loss or damage when the Private residence is Unoccupied for more than 60 consecutive days (see condition 10 Unoccupancy).
4. Aircraft, animals or vehicles hitting the buildings. 5. Storm or flood.
The first £2,500 of loss or damage if caused by the tenant or other person(s) lawfully on the premises. The Excess as shown in the policy schedule or property schedule. The Excess as shown in the policy schedule or property schedule. Loss or damage to fences, gates, hedges or railings.
6. Theft or attempted theft.
Loss or damage caused only by a change in the water table. The Excess as shown in the policy schedule or property schedule. Loss if caused by deception. Loss or damage when the Private residence is Unoccupied for more than 60 consecutive days (see condition 10 Unoccupancy)
7. Subsidence or ground heave of the site that the buildings stand on or landslip.
The first £2,500 of loss or damage if caused by the tenant or other person(s) lawfully on the premises. The Excess as shown in the policy schedule or property schedule. Loss or damage from the coast or a river bank being worn away. Loss or damage when the main structure of the private residence, private garages or domestic outbuildings is not damaged at the same time and by the same cause. Loss or damage to solid floor slabs, unless the
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 15 of 44
foundations of the load-bearing walls are damaged at the same time by the same cause.
8. Water leaking from any fixed appliance or damage caused to these items by freezing or violent bursting.
9. Falling trees or branches, lamp posts or telegraph poles.
Loss or damage from settlement, shrinkage or expansion, demolition, faulty workmanship or faulty design. The Excess as shown in the policy schedule or property schedule. Loss or damage when the Private residence is Unoccupied for more than 60 consecutive days (see condition 10 Unoccupancy). The Excess as shown in the policy schedule or property schedule. Damage to or fences, gates, hedges or railings. Damage caused by felling, lopping or topping.
10. Oil leaking from any fixed appliances, pipe or tank.
11. Accidental breakage of fixed glass, fixed sanitary ware or ceramic hobs in fixed kitchen furniture.
The cost of removal if the fallen tree has not damaged the buildings. The Excess as shown in the policy schedule or property schedule. Loss or damage when the Private residence is Unoccupied for more than 60 consecutive days (see condition 10 Unoccupancy). The Excess as shown in the policy schedule or property schedule. Loss or damage when the Private residence is Unoccupied or more than 60 consecutive days (see condition 10 Unoccupancy).
12. Breakage or collapse of satellite television receiving equipment or television and radio aerials. 13. Accidental Damage to cables and underground pipes serving the buildings for which You are responsible.
Loss or damage to tiles. The Excess as shown in the policy schedule or property schedule.
The Excess as shown in the policy schedule or property schedule.
Landlord’s Buildings accidental damage optional extension Cover under events 14 is an optional extension and only applies if accidental damage cover is shown as included in Your policy schedule or property schedule. 14. Accidental damage to the buildings.
The Excess as shown in the policy schedule or property schedule. Any loss or damage We
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 16 of 44
exclude under events 1 to 13. Loss or damage when the Private residence is Unoccupied for more than 60 consecutive days (see condition 10 Unoccupancy). The costs of maintenance or normal redecoration. Loss or damage due to settlement, shrinkage or expansion.
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 17 of 44
Extensions The insurance provided by this Section is extended to include the following: 15. Loss of rent or alternative accommodation. If the buildings are not fit to live in following loss or Damage covered by this section We will pay:
the reasonable cost of similar alternative accommodation up to 2 years ground rent which You have to pay
OR
rent which would have been paid to You by an existing tenant or tenants.
This will apply during the time needed to restore the Buildings to a condition which is fit to live in.
The most We will pay is 20% of the buildings sum insured. Alternative accommodation costs, ground rent or rent payable to You relating to any portion of the buildings not used solely as domestic accommodation. Loss of rent: if the Private residence was Unoccupied immediately before the insured event arising from Your tenant or tenants leaving the Private residence without giving notice to You or Your letting agent after the Private residence can be lived in again. Rent which is unpaid at the time of the loss or damage.
16. Loss of rent following murder, suicide or notifiable disease. We will pay up to 3 months rent which would have been paid to You if the buildings are closed by a Public Authority following a murder, suicide or outbreak of a notifiable human contagious disease. 17. Re-Letting costs. In addition to the total amount We pay for any claim which We have accepted as valid under event 15 for loss of rent.
Costs, fees or charges You have to pay to Your letting agents. The most We will pay is 5% of the buildings sum insured. Loss or damage when the Private residence is Unoccupied for more than 60 consecutive days (see condition 10 Unoccupancy). The first £50 of each claim. Loss or damage when the Private residence is Unoccupied for more than 60 consecutive days (see condition 10 Unoccupancy).
We will also pay:
costs necessarily and reasonably incurred in re- letting the buildings solely due to damage. 18. Replacement locks. We will pay the reasonable cost of replacing the locks of external doors to the buildings following the theft of their keys.
The most We will pay is £500 in any one period of insurance.
The Excess as shown in the policy schedule or property schedule. The most We will pay is £250 in any one period of insurance. We will not pay for locks to garages, outbuildings,
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 18 of 44
shops, offices or stores. 19. Oil and metered water. We will pay for loss of oil or metered water following damage to the buildings covered by this section.
20. Landscaped Gardens. We will pay for loss or damage caused to Gardens caused by the emergency services while attending the buildings to deal with any loss or damage covered by this policy. 21. Your liability to others. We cover Your legal liability: as owner of the buildings and their land and as owner of the Landlord’s business contents resulting from You previously owning any private property under the Defective Premises Act 1972 the Defective Premises (Northern Ireland) Order 1975; to compensate others if, following an accident during the period of insurance, someone dies, is injured, falls ill or has their property damaged.
22. Your liability for accidents to domestic employees. We will cover You for any legal liability You have as owner of the property to compensate Your domestic employees if, following an accident during the period of insurance, and in the course of their employment by You, any of Your domestic employees dies, is injured or falls ill.
The Excess as shown in the policy schedule or property schedule. Loss or damage when the Private residence is Unoccupied for more than 60 consecutive days (see condition 10 Unoccupancy). The most We will pay is £5,000 for oil and £1,000 for metered water in any one period of insurance. The Excess as shown in the policy schedule or property schedule. The most We will pay is £5,000 in any one period of insurance. The most We will pay for any claim (or claims) arising from one cause, including costs and legal expenses agreed by us, is £2,000,000 or the amount as shown in the policy schedule or property schedule. We will not pay if the liability arises from: the death, injury or illness of You or Your domestic employees; loss or damage to any property that You or Your domestic employees own or are responsible for; a contract that says You or Your domestic employees are liable for something which You or they would not otherwise have been liable for; Your business or profession other than as owner of the property shown in the policy schedule or property schedule; owning or using vehicles or crafts any animal; You or Your domestic employees passing on any illness or virus; occupation or ownership of any land or building not shown in Your policy schedule or property schedule. The most We will pay for any claim (or claims) arising from one cause, including legal costs and expenses agreed by Us, is £10,000,000 for an accident to Your domestic employees. We will not pay if the liability arises from: injury to any Domestic employee when the Domestic employee is:
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 19 of 44
23. Selling the buildings. If at the time of the claim You have contracted to sell the buildings, the buyer will have the benefit of this policy as long as the purchase is completed within the period of insurance. 24. Automatic cover for new property. Cover for buildings extends to include newly acquired buildings, that You have purchased but have not told Us about provided: they are of standard construction (i.e. Constructed of brick, stone or concrete and roofed with slates, tiles or concrete, asphalt, metal or asbestos with less than 20% of the total area of flat felt and bitumen roofing); You tell Us about them as soon as You can but not later than seven days after You have purchased them; You effect specific insurance from the time You purchase them. 25. Water damage tracing costs. In addition to the total amount We pay for any claim which We have accepted as valid under this section We will also pay: costs and expenses You incur with Our consent to locate the source of the
carried in or on any motor vehicle; entering or getting into or alighting from a motor vehicle in circumstance where Road Traffic legislation requires insurance or security. This will not apply to injury to any Domestic employee who at the time the injury occurs is the driver of a motor vehicle or is the person in charge of the motor vehicle for the purposes of driving providing there is no other insurance covering the injury; tree felling or lopping; window cleaning, painting or similar operations carried out from cradles and/or hoists; the provision of, erection of, dismantling or work from scaffolding; demolition, erection or structural alteration of or addition to new or existing buildings; working at heights greater than three metres or depths greater than one metre; Your pursuit or exercise of any trade, calling or Profession other than the business of landlord. We will not pay for any claim for loss or damage to Your buildings if the buyer is insured under any other insurance.
The Excess as shown in the policy schedule or property schedule. The most We will pay is £300,000 per incident. We will not pay for buildings that You have owned for more than seven days or which are otherwise insured.
The Excess as shown in the policy schedule or property schedule. The most We will pay is £10,000 in any one period of insurance.
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 20 of 44
damage to the buildings due to any water leaking from any fixed appliance, pipe or tank. subsequent repairs to walls, floors or ceilings. 26. Prevention of access. Loss of rent or the reasonable additional cost of comparable alternative accommodation due to Damage by an insured event to property: in the vicinity of the buildings which prevents or hinders their use or access to them whether the buildings are damaged or not; at the premises of Your Managing Agents in the Territorial limits.
27. Public utilities. Loss of rent or the reasonable additional cost of comparable alternative accommodation due to access to or use of buildings being hindered or prevented due to damage by an insured event to property at any: generating station or sub-station of a public electricity supply undertaking; land-based premises of the public gas supply undertaking or any national gas producer linked directly to them; waterworks and pumping stations of a public based water supply undertaking land-based premises of any public telecommunications undertaking from which the buildings obtain electricity, gas, water or telecommunications services. 28. Contract Works. We will pay for damage resulting from any buildings works and/or heat processes (including restoration, repair, redecoration, maintenance or other similar work) where: the estimated value of the works is no more than £15,000; and You have not entered into a contract which removes or limits Your legal rights against the contractor in any way.
Loss or damage when the Private residence is Unoccupied for more than 60 consecutive days (see condition 10 Unoccupancy).
We will not pay: any amount in Excess of 20% of the sum insured on buildings to which use or access is prevented or hindered; for damage to the property of any supply undertaking which prevents or hinders the supply of electricity, gas, water or telecommunications to the buildings; Loss or damage when the Private residence is Unoccupied for more than 60 consecutive days (see condition 10, Unoccupancy). We will not pay: any amount in Excess of 20% of the sum insured on buildings to which the public utilities supply is affected; Loss or damage when the Private residence is Unoccupied for more than 60 consecutive days (see condition 10 Unoccupancy).
The Excess as shown in the Policy Schedule or Property Schedule. The most We will pay is £15,000 per incident. Unfixed materials on site.
Settling claims We will decide whether to repair, replace or reinstate the damaged part of the buildings. We may do this by using one of Our suppliers. We will pay the full cost of the work, including any professional, demolition, or local-authority costs or fees We have agreed, as long as the work is finished without delay. If the work is not carried out, We will pay the reduction in the market value of the buildings that resulted from the damage. However We will not pay more than the cost of the repair or replacement. Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 21 of 44
We will take off an amount for wear and tear if the buildings are not properly maintained. If at the time of any loss or damage the buildings sum insured is less than the actual rebuilding cost We will only pay the amount that the sum insured bears to the total rebuilding cost. The sum insured for buildings will not be reduced following payment of a claim. When We pay Your claim We will take off the Excess shown in Your policy schedule, property schedule or policy endorsement. The most We will pay is the limits shown in the policy or the sum insured shown on Your policy schedule, property schedule or policy endorsement.
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 22 of 44
Landlord’s business contents Landlord’s business contents are: household goods; furniture; carpets; furnishings. That: You own or for which You are legally responsible are contained in the private residence are provided by You for the use of Your tenant or for use in connection with the maintenance of the private residence. Contents are not: vehicles and craft and their accessories; deeds and documents; documents and certificates showing ownership of shares, bonds and other financial investments; animals; any part of the structure, decorations or permanent fixtures and fittings; items You have more specifically insured by this or any other policy; tenant’s property; cash, cheques, postal or money orders, postage stamps, saving stamps, saving certificates or bonds, ravel tickets, luncheon vouchers, phone cards, mobile phone vouchers, reward vouchers or gift tokens; property in the open; any articles of gold, silver or other precious metal, jewellery, watches, furs, pictures or other works of art, collections of stamps or coins; clothing and articles of a strictly personal nature likely to be worn used or carried, sports equipment and pedal cycles; mobile phones
Covered events We cover sudden and unexpected loss or physical damage caused by events 1 to 15 (and 16, 17 and 18 if landlord’s business contents including accidental damage is shown as included in Your policy schedule or property schedule) to the landlord’s business contents in the private residence. Event 1. Fire, lightning, explosion or earthquake. 2. Riot.
3. Malicious damage.
Exclusions The Excess as shown in the policy schedule or property schedule. The Excess as shown in the policy schedule or property schedule. Loss or damage when the Private residence is Unoccupied for more than 60 consecutive days (see condition 10 Unoccupancy). The Excess as shown in the policy schedule or
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 23 of 44
property schedule. Loss or damage when the Private residence is Unoccupied for more than 60 consecutive days (see condition 10 Unoccupancy). The first £2,500 of loss or damage if caused by the tenant or other person(s) lawfully on the premises.
4. Aircraft, animals or vehicles hitting the buildings. 5. Storm or flood.
Loss or damage when the Private residence is lent, let or sublet unless violence and force are used to break into or out of the private residence. The Excess as shown in the policy schedule or property schedule. The Excess as shown in the policy schedule or property schedule. Loss or damage to landlord’s business contents in the open.
6. Theft or attempted theft.
Loss or damage caused only by a change in the water table. The Excess as shown in the policy schedule or property schedule. Loss if caused by deception. Loss or damage when the Private residence is Unoccupied for more than 60 consecutive days (see condition 10 Unoccupancy). The first £2,500 of loss or damage if caused by the tenant or other person(s) lawfully on the premises. Loss or damage to the property in outbuildings or garages.
7. Subsidence or ground heave of the site that the buildings stand on or landslip. 8. Water leaking from any fixed appliance, pipe, tank or fish tank.
Loss or damage to landlord’s business contents in the open. The Excess as shown in the policy schedule. The Excess as shown in the policy schedule or property schedule. Loss or damage when the Private residence is Unoccupied for more than 60 consecutive days (see condition 10 Unoccupancy). Loss or damage to the system or apparatus from
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 24 of 44
9. Falling trees or branches, lampposts or telegraph poles.
which the water has escaped. The Excess as shown in the policy schedule or property schedule.
10. Oil leaking from any fixed appliance, pipe or tank.
Damage caused by felling, lopping, or topping. The Excess as shown in the policy schedule or property schedule. Loss or damage when the Private residence is Unoccupied for more than 60 consecutive days (see condition 10 Unoccupancy). Loss of the oil itself.
11. Accidental breakage of glass in furniture, mirrors or ceramic hobs in unfixed kitchen appliances.
Loss or damage to the system or apparatus from which the oil escaped. The Excess as shown in the policy schedule or property schedule. Loss or damage when the Private residence is Unoccupied for more than 60 consecutive days (see condition 10 Unoccupancy).
12. Breakage or collapse of satellite television receiving equipment, or television and radio aerials. 13. Damage to domestic appliances caused by freezing.
14. Accidental sudden loss of or damage to heating oil contained in the heating installation, its tank, pipe work or fittings on the site on which the buildings stand.
Light fittings. The Excess as shown in the policy schedule or property schedule.
The Excess as shown in the policy schedule or property schedule. Loss or damage when the Private residence is Unoccupied for more than 60 consecutive days (see condition 10 Unoccupancy). The Excess as shown in the policy schedule or property schedule. Loss or damage when the Private residence is Unoccupied for more than 60 consecutive days (see condition 10 Unoccupancy). Loss due to any alleged shortfall in delivery or supply.
15. If You are the tenant of the private residence, We will pay for loss or damage caused by events 1 to 6 subject to the exclusions applying to each event to Fixtures and fittings, greenhouses and
The most We will pay is £5,000. We will not pay for:
Loss or damage when the Private residence is Unoccupied for more than 60 consecutive days (see condition 10 Unoccupancy).
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 25 of 44
sheds You have installed at the Private residence and for which You are responsible.
Storm or Flood cover to Greenhouses.
Landlord’s business contents accidental damage optional extension Cover under events 16, 17 and 18 are optional extensions and only apply if accidental damage cover is shown as included in Your policy schedule or property schedule. Event 16. Accidental damage to the landlord’s business contents.
Exclusions The Excess as shown in the policy schedule or property schedule. Loss or damage when the Private residence is Unoccupied for more than 60 consecutive days (see condition 10 Unoccupancy). Any loss or damage We exclude under events 1 to 14. The costs of maintenance or normal redecoration. Loss or damage to clothing or contact lenses. Loss or damage to landlord’s business contents in the open.
17. Accidental damage to:
Audio, hi-fi, television, telecommunication or video equipment but not mobile phones. Satellite television-receiving equipment or television or radio aerials.
18. Loss or damage caused by events 1-10 to landlord’s business contents in the open within the boundaries of the private residence.
Landlord’s business contents over 5 years old. The Excess as shown in the policy schedule or property schedule. We will not pay for: Loss or damage when the Private residence is Unoccupied for more than 60 consecutive days (see condition 10 Unoccupancy). Items over 5 years old. Loss or damage to equipment designed to be portable when it is being transported, carried or moved. The Excess as shown in the policy schedule or property schedule. Loss or damage when the Private residence is Unoccupied for more than 60 consecutive days (see condition 10 Unoccupancy). The most We will pay is £250 per incident. We will not pay for:
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 26 of 44
Loss or damage to audio, hi-fi, television, telecommunication or video equipment. Loss or damage to plants.
Landlords business contents legal liability (optional cover) Cover under event 19 is an optional extension and only applies if cover is shown as included in Your policy schedule or property schedule. Event 19. Your liability to others We cover Your legal liability: as owner of the Landlord’s Business Contents; to compensate others if, following an accident, during the period of insurance, someone dies, is injured, falls ill or has their property damaged.
Exclusions The most We will pay for any claim (or claims) arising from any one cause, including costs and legal expenses agreed by us, is £2,000,000 or the amount as shown in the policy schedule or property schedule. We will not pay if the liability arises from: the death injury or illness of You or Your domestic employees; loss or damage to any property that You, or Your domestic employees own or are responsible for; a contract that says You or Your domestic employees are liable for something which You or they would not otherwise have been liable for; Your business or profession other than as owner of the property shown in the policy schedule or property schedule; owning or using vehicles or craft any animal You or Your domestic employees passing on any illness or virus; ownership of any landlord’s business contents not shown in Your policy schedule or property schedule.
Loss of rent or alternative accommodation (optional cover) Cover under event 21 is an optional extension and only applies if cover is shown as included in Your policy schedule or property schedule. Event 21 Loss of rent or alternative accommodation. If the buildings are not fit to live in following loss or damage to contents as insured under the contents section of this Policy We will pay:
the reasonable cost of similar accommodation
Exclusions The most We will pay is £40,000 per property insured. We will not pay for alternative accommodation costs, ground rents or rents payable to You relating to any portion of the buildings not used solely as domestic accommodation.
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 27 of 44
OR
rent which would have been paid to You.
This will only apply during the time needed to restore the buildings to a condition which is fit to live in.
Settling claims We will decide whether to repair or replace any item that is lost or damaged. We may do this by using one of Our suppliers. If the item cannot be repaired or replaced, We will pay the cost of an equivalent replacement. We will take off an amount for wear and tear:
on household linen that cannot be repaired if Your sum insured is less than the full cost of replacing all the landlord’s business contents as new.
The sum insured for Landlord’s business contents will not be reduced following payment of a claim. When We pay You We will take off the Excess shown in Your policy schedule or property schedule or policy endorsement. The most We will pay is the limit shown in the policy or the sum insured shown on Your policy schedule, property schedule or policy endorsement.
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 28 of 44
Exclusions Applicable to buildings and landlords business contents sections only We will not pay for the following: 1. Any reduction in value. 2. Consequential (indirect) loss of any kind. 3. Any accident or incident that happens outside any period of insurance that is covered by this policy. 4. The cost of replacing any undamaged item or part of any item just because it forms part of a set, suite or one of a number of items of a similar type, colour or design. 5. Loss or damage to any items used in connection with any business, trade, profession other than the letting of the domestic portion of the property insured by this policy. 6. Any legal liability resulting from any business, trade or profession other than the letting of the domestic portion of the property insured by this policy. 7. Loss or damage to shop fronts, including glass, where the building forms part of any commercial premises or landlord’s business contents contained in any non-domestic part of the buildings. 8. Any claim resulting from: a) deliberate or criminal acts by You, or Your domestic employees; b) gradual causes including deterioration and wear or tear: c) mildew, fungus, climatic or atmospheric conditions, frost, wet or dry rot; d) any process of demolition, cleaning, repair or alteration; e) vermin, insects or chewing, scratching, tearing or fouling by pets; f) electrical or mechanical failure or breakdown; g) faulty design materials or workmanship; h) the failure of a computer chip or computer software to recognise a true calendar date; i) pollution or contamination which was: i. the result of a deliberate act; ii. expected and not the result of a sudden, unexpected and identifiable incident. 9. Any legal liability arising directly or indirectly from the manufacture, supply, installation, storage, ownership, possession, handling, use, repair, removal, stripping, dismantling, or disposal, of asbestos, lead, formaldehyde, or polychlorinated biphenols, or other materials, which the Insured knows, or has reason to suspect, contains asbestos or lead or formaldehyde or polychlorinated biphenols. 10. We will not pay for a) loss or destruction of or damage to any property whatsoever, or any loss or expenses whatsoever resulting or arising therefrom; b) any legal liability of whatsoever nature; c) death or injury to any person; directly or indirectly caused by or contributed to by or arising from Biological or Chemical contamination due to or arising from; a) terrorism; and/or b) steps taken to prevent, suppress, control or reduce the consequences of any actual, attempted, threatened, suspected or perceived terrorism. For the purposes of this exclusion “terrorism” means any act(s) of any person(s) or organisation(s) involving: the causing, occasioning or threatening of harm of whatever nature and by whatever means; putting the public or any section of the public in fear; Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 29 of 44
in circumstances in which it is reasonable to conclude that the purpose(s) of the person(s) or organisation(s) concerned are wholly or partly of a political, religious, ideological or similar nature. 12. Any loss or damage or liability directly or indirectly occasioned by, happening through or in consequence or war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority. 13. We will not pay for a) Loss or destruction of or damage to any property whatsoever, or any loss or expenses whatsoever resulting or arising therefrom or any consequential loss. b) Any legal liability of whatsoever nature Directly or indirectly caused by or contributed to by or arising from: i. Ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. ii. The radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof. 14. We will not pay for a) Loss or destruction of or damage to any property whatsoever, or any loss or expenses whatsoever resulting or arising therefrom; b) any legal liability of whatsoever nature; directly or indirectly caused by or contributed to by or arising from; a) computer viruses, erasure or corruption of electronic data; b) the failure of any equipment to correctly recognise the date or change of date; For the purposes of this exclusion “computer virus” means a set of corrupting, harmful or otherwise unauthorised instructions or code including a set of maliciously introduced unauthorised instructions or code, programmatic or otherwise, that propagate themselves through a computer system or network of whatsoever nature.
Endorsements Security Endorsement Your policy schedule or property schedule will show if this applies. It is a Condition Precedent to Liability that whenever the Private residence is left unattended or when the occupants have retired for the night. All keys must be removed from the locks or bolts and hidden from view when the Private residence is unattended.
The final exit door must be secured by a 5 lever mortice deadlock or a rim automatic deadlock OR the manufacturer’s key operated integral multi-point locking system. All external single doors and access doors from integral garages must be secured by a 5 lever mortice deadlock or a rim automatic deadlock OR key operated security bolts operating horizontally fitted internally top and bottom OR the manufacturer’s key operated integral multipoint locking system. All external double doors must be secured by key operated security bolts or concealed flush bolts operating vertically fitted internally top and bottom to the first leaf and EITHER 5 lever mortice deadlock or a rim automatic deadlock OR the manufacturer’s key operated integral multi-point locking system on the second leaf OR key operated security bolts operating vertically fitted internally top and bottom to each leaf. All sliding patio doors must be secured by key operated bolts fitted internally top and bottom Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954.
BU Landlords Choice Portfolio Policy Wording 08.16
Page 30 of 44
OR the manufacturer’s key operated integral multi-point locking system. All doors on domestic outbuildings and garages (excluding electrically operated doors) must be secured with key operated security devices. All ground floor and basement opening windows and any other ground floor openings to the Private residence measuring more than 22.5 cm x 22.5 cm (9” x 9”) must be secured by key operated window locks except those in occupied bedrooms at night. All upper floor opening windows and skylights must be secured with key operated window locks if accessible from adjoining roofs, porches, walls, downpipes, balconies or external stairs except those in occupied bedrooms at night. All panes of glass in louvre windows must be securely fixed with suitable adhesive into their brackets.
If this security endorsement applies and You have alternative protections in place, We are willing to consider them. However theft cover will not apply until You have agreement from Bluefin Insurance Services Limited in writing.
Property owners legal & rental protection insurance section This section of Your insurance policy only covers claims if notified to Abbey during the Period of Insurance. The Insurer agrees in consideration of the premium to indemnify the Insured to the extent and in the manner provided within this policy in connection with activities within the scope and extent of the Insured’s business activity of a landlord. Unless expressly stated nothing in this policy will create rights pursuant to the Contracts (Rights of Third Parties) Act 1999.
Definitions The definitions which apply to this Section are in addition to the General Definitions and are as follows: Abbey – shall mean Abbey Legal Protection a trading division of Abbey Protection Group Limited, or their appointed agent who administers this Property Owners Legal and Rental Protection section of the policy and manages claims under the section on behalf of the Insurer. Acts of Parliament - All Acts of Parliament referred to in this policy shall include any subsequent amendments, re-enactments or regulations and equivalent legislation enforceable within the Territorial Limits. Any One Claim - All Claims consequent upon the same original cause, event or circumstance. In respect of a Claim under Section 1 Sub-Section D Tax Protection, an HMRC investigation into a later year’s Self Assessment Return, where a previous year’s Self Assessment Return is still subject to an open enquiry, shall be deemed to be Any One Claim. Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 31 of 44
Appointed Representative - A, solicitor, barrister or other appropriately qualified person appointed to act for the Insured in accordance with the terms of this policy. Claim - A Claim under this section of the policy for Legal Expenses or Professional Expenses or Rent. Contracting Party - A person, firm or company domiciled within the Territorial Limits with whom the Insured has a direct contractual relationship Deposit - The sum of money collected from the Tenant and held by the Insured or his agent in accordance with Section 213 of the Housing Act 2004 (and any amending legislation) in respect of a Tenancy Agreement to which it applies as an indemnity for losses incurred by the Insured arising from the Tenant failing to perform his obligations set out in the Tenancy Agreement. Excess - The amount specified below which the Insured must pay in respect of Legal Expenses and/or Professional Expenses and/or Rent in respect of Any One Claim before the Insurer shall be liable to make any payment. Part 1 Sub-sections A, B, C - £100 Sub-section D – Nil
Part 2 Sub-section 1 – Nil Sub-section 2 – An amount equal to one months rent
Guarantor - The individual or organisation shown in the Tenancy Agreement that has received a Tenant Reference and provided a financial guarantee of the Tenant’s performance of his obligations under the Tenancy Agreement. Increased Excess - The amount specified below which the Insured must pay in respect of Legal Expenses and/or Professional Expenses in respect of Any One Claim before the Insurer shall be liable to make any payment if the Insured instructs an alternative Appointed Representative to the one chosen by Abbey. Part 1 Sub-sections A, B, C - £1,000 Any One Claim Sub-section D – Not Applicable
Part 2 Sub-section 1 – £1,000 Sub-section 2 – Sub-section 2 – Not Applicable
Inland Revenue Investigation - The enquiry which takes place when an officer of HM Revenue & Customs (HMRC) makes a request to examine all the Insured’s business books and records and issues a formal notice under S9A or 12AC of the Taxes Management Act 1970 or under Paragraph 24 (1) Schedule 18 Finance Act 1988. Insured - The Company, firm, partnership or trading individual as specified in the Schedule. Insurer - Markel International Insurance Company Limited, The Markel Building, 49 Leadenhall Street, London, EC3A 2EA bound pursuant to a binding authority with the Coverholder. Unique market reference B6027APG2014001 (or renewal or replacement thereof). Legal Expenses 1. Fees;
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 32 of 44
a) Any professional fees, expenses and other disbursements reasonably incurred by the Appointed Representative with the consent of Abbey, but excluding adjudication expenses; and b) Any costs incurred by other parties insofar as the Insured is held liable in court or tribunal proceedings to pay such costs or becomes liable to pay such costs or becomes liable to pay such costs under a settlement made with another party with the consent of Abbey but excluding any costs which the Insured may be ordered to pay by a court of criminal jurisdiction and excluding any costs which the Insured may be ordered to pay or agrees to pay in respect of an adjudication. 2. Witness Attendance Allowance The amount of money per day the Insured is liable to pay the employee including director or partner each day they are required by the Appointed Representative to attend as a witness at a Court or tribunal hearing, but excluding an adjudication hearing, subject to an inner limit of £100 per day and a maximum of £1,000 in Any One Claim. Period of Insurance - As specified in the Schedule. Professional Expenses - Any fees, expenses and other disbursements reasonably incurred by the Appointed Representative with the consent of Abbey in connection with any claim or proceedings but excluding any tax or VAT, additional tax or VAT, interest or penalties demanded, assessed or required by the relevant authorities or other penalties imposed by a court of criminal jurisdiction. Property - The Property shown in the Insurance Schedule and the Tenancy Agreement. Rent - The monthly amount payable by the Tenant to the Insured as set out in the Tenancy Agreement and shown in the Insurance Schedule. Tenant - The occupier of the Property named in the Tenancy Agreement as the Tenant who has received a Tenant Reference (or has a Guarantor). Tenancy Agreement - An agreement between the Insured and the Tenant in relation to the Property which is: 1. An Assured Shorthold Tenancy Agreement as defined within the Housing Act 1988 (as amended), or 2. A Company Residential Tenancy (Company Let) created after 28th February 1997 where the Tenant is a public limited company (Ltd) and the Insured Property is let purely for residential purposes to an employee of the Tenant, or 3. A written common law residential Tenancy Agreement created after 28th February 1997 between individuals where the Rent is in excess of £25,000 per annum. Provided that: 1. 2. 3. 4. 5.
The initial Tenancy Agreement must be for a fixed term of no more than 12 months. The Insured Property must be residential and remain solely for residential use. The Tenant must be aged 18 years or over. The Tenancy Agreement requires the Rent to be paid in advance. The Insured or his agent must not allow the Tenant into possession of the Insured Property until: a. the Tenancy Agreement has been signed by all parties and
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 33 of 44
b. a Tenant Reference has been obtained before the start of the Tenancy Agreement and c. all necessary statutory pre-grant notices to the Tenant have been issued and d. the first month’s Rent and the Deposit have been received in cash or cleared funds and, 6. during the Tenancy Agreement the Insured or his agent must: a. keep full and up to date rental records b. not allow the Tenancy Agreement to be transferred to any other individual or organisation. Tenant Reference - Checks carried out before the commencement of the Tenancy Agreement including:
A credit check obtained from a licenced credit referencing company on a Tenant or Guarantor showing no County Court Judgements in the Past three years and no outstanding County Court Judgments. Copies of 2 forms of identification, one of which must contain a photograph. Written employer’s reference confirming the Tenant’s/Guarantor’s current and permanent employment and that their salary is sufficient to pay the Rent after deduction of normal living costs, and the monthly gross salary be at least two and half times the monthly Rent.
if the above is not available or in the case of students and DSS Tenant, a credit reference with a ‘Pass’ rating provided by a reputable Tenant Referencing Company for a prospective Tenant. Territorial Limits - United Kingdom of Great Britain and Northern Ireland.
Limits of Insurer’s liability The maximum liability of the Insurer under this section of this policy is limited to the amounts specified below: Part 1
Sub-Sections A, B, C and D £50,000 Any One Claim. £500,000 in the aggregate all Claims notified during the Period of Insurance.
Part 2
Sub-Section 1. up to £25,000 of Advisers costs per Claim. Sub-Section 2. The monthly Rent shown in the Tenancy Agreement and the Insurance Schedule up to a maximum of £2,500 per month. The maximum Rent payable per Claim is £10,000 or the equivalent of 12 months Rent, whichever is the lesser amount.
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 34 of 44
Part 1 - Property owners legal protection The Part and sub-sections of Cover applicable are as specified in the Schedule. The Insurer will only indemnify the Insured subject to the Limit of Insurers Liability for Claims where the dispute legal proceedings Inland Revenue Investigation are or would be within the Territorial Limit and the Claim is notified in the Period of Insurance. Part 1 – Sub-section A - Property disputes The Insurer agrees to indemnify the Insured against Legal Expenses incurred in any dispute or legal proceedings made by or brought against the Insured: 1. over the physical possession of the Insured Property provided that where appropriate all statutory and contractual notices have been correctly served by the Insured on the Tenant; 2. over the terms of the Tenancy Agreement relating to the use or maintenance of the Insured Property; 3. other than with a Tenant over the actual or alleged negligence, damage or nuisance to the Insured Property subject to the amount in dispute being in excess of £1000 and any legal expenses being limited to 75% of the amount in dispute; 4. over the actual or alleged dilapidations to the Insured Property subject to the amount in dispute being in excess of £1,000 and any Legal Expenses being limited to 75% of the amount in dispute; 5. over actual or alleged nuisance emanating from the Insured Property. Provided that the Insured will suffer financial loss if the Insured fails to pursue or defend the claim or legal proceedings. Exclusions to sub-section A The Insurer shall not be liable to indemnify the Insured hereunder in respect of any Claim arising out of or in connection with: 1. 2. 3. 4.
5. 6. 7.
8. 9.
a review of tax or Rent or service charges; the payment or non-payment of Rent unless Rent is being withheld due to a dispute which is covered under Section A; the payment or non-payment of service charges or mesne profits or tax; a dispute relating to planning or building regulations or decisions or compulsory purchase orders or any actual, planned or proposed works by or under the order of any government or public or local authority; any dispute arising from the negotiation review or renewal of a Tenancy Agreement or the subsequent purchase of the Property whether or not such purchase is completed; any actual or alleged harassment of a Tenant or the Insured; any dispute where the Insured has failed to maintain in full force and effect during the Tenancy Agreement buildings insurance covering the standard range of perils if the Insured was contractually obligated to have such insurance in force; a dispute over subsidence or heave howsoever caused; a contract dispute other than where the contract is a Tenancy Agreement.
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 35 of 44
Part 1 – Sub-section B - repair and renovation disputes The Insurer agrees to indemnify the Insured against Legal Expenses incurred in the pursuit or defence of any dispute or legal proceedings made by or brought against the Insured in a contractual dispute with a Contracting Party over the repair or renovation, to a Property provided that: 1. the Legal Expenses incurred in any claim or legal proceedings shall be limited to 75% of the sum in dispute; 2. the amount in dispute exceeds £1,000 and the contract value is less than £100,000; 3. the work is commenced after inception of the Period of Insurance. Exclusions to sub-section B The Insurer shall not be liable to indemnify the Insured hereunder in respect of Claims arising out of: 1. breach or alleged breach of the duty of a professional; 2. contracts that provide or arrange credit, insurance, securities or guarantees; 3. contracts where the liability or right of recovery of the Insured is incurred through their agent or by assignment; 4. contracts governed by or alleged to be governed by the Consumer Credit Act 1974; 5. contracts of employment; 6. a Tenancy Agreement or contracts for use of a Property. Part - 1 Sub-section C - health & safety prosecutions The Insurer agrees to indemnify the Insured against Legal Expenses incurred in 1. defending a prosecution against the Insured brought under the Health and Safety legislation in a court of criminal jurisdiction 2. an appeal by the Insured against the service of an Improvement or Prohibition Notice under the Health and Safety legislation provided that the breach or alleged breach of the Health and Safety at Work Act or the Improvement or Prohibition Notice relate to the Insured Property. Exclusions to sub-section C The Insurer shall not be liable to indemnify the Insured hereunder in respect of Claims arising out of or in connection with: 1. 2. 3. 4.
any prosecution relating to or arising from investigations H.M Revenue and Customs; any prosecution for offences against the person including of a sexual nature; any prosecution for criminal damage; any prosecution alleging dishonesty;
Part 1 – Sub-dection D - tax protection The Insurer agrees to indemnify the Insured against Professional Expenses incurred in respect of representation of the Insured in an Inland Revenue Investigation including representation at an HMRC tribunal or commissioners’ hearing and at an appeal against a decision following such a hearing or tribunal.
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 36 of 44
Exclusions to sub-section D The Insurer shall not be liable to indemnify the Insured hereunder in respect of: 1. the defence of any criminal prosecution; 2. taxation proceedings which arise out of negligent misstatements or omissions made by or on behalf of the Insured in respect of returns or accounts or where there has been a lack of reasonable care in the keeping of business books and records; 3. any Claim where the Tax Return is submitted outside the statutory time limits and/or in a penalty position or where the Insured has not notified chargeability to tax within the statutory time limits; 4. the cost of preparing and reconciling returns, accounts, records or any other statutory returns, and the cost of professional valuations to support them; 5. an enquiry under Public Notice 160 or Section 60 of the VAT Act 1994 or matters handled by HM Revenue & Customs Specialist Investigations, Civil Investigations of Fraud and Criminal Investigations Sections. Also Code of Practice 8 and 9 cases and/or the defence of any criminal prosecution; 6. an enquiry into the validity of a claim for Working Families Tax Credit or a dispute concerning the payment of the Working Families Tax Credit by an employer; 7. any dispute in connection with payment of the National Minimum Wage; 8. a dispute or enquiry in respect of IR35 legislation; 9. any Claim made where a Return submitted at the final filing date contains provisional figures in respect of all of the trading income and expenditure items; 10. an investigation under a voluntary disclosure made to the HMRC in respect of omitted tax NIC or VAT liabilities which become due as a result of the Insured’s deliberate act or following an HMRC amnesty where the Insured has made an incorrect return to HMRC; 11. HMRC Enquiry into a tax planning arrangement where HMRC has allocated a Disclosure of Tax Avoidance Scheme (DoTAS) Number for inclusion on the relevant self assessment return or where a DoTAS Number would have been issued but for the failure to notify HMRC of the tax planning arrangement; or any matter relating to bespoke tax planning outside of the normal trade such as film partnerships or film schemes, or planning involving artificially created losses or loan arrangements.
Part 2 - Landlords rental protection Cover Landlords Rental Protection is an optional extension and only applies if cover is shown as operative in Your policy schedule or Property schedule. Part 2 Sub-section 1 - eviction The Insurer agrees to indemnify the Insured against Legal Expenses incurred in evicting the Tenant from the Residential Property for: 1. the non-payment of Rent; and/or 2. at the expiry of the Residential Tenancy Agreement. Provided that: a) All statutory and contractual notices are compliant had have been effectively served on the Tenant and; Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 37 of 44
b) Where the eviction is for the non payment of Rent the Insured must make all reasonable efforts to recover the Rent and issue a formal notice to the Tenant in accordance with the Housing Act 1888 Section 21 and if applicable Section 8; informing the Tenant that possession and/or Rent is being sought. These notices must be issued to the Tenant no later than 15 days after the Tenant is in arrears of Rent of an aggregate amount equal to 2 months Rent. Exclusions to sub-section 1 The Insurer shall not be liable to indemnify the Insured hereunder in respect of any Claim: 1. arising from or connected to pursuit of the Tenant or the Guarantor for unpaid Rent or damages for unauthorised possession 2. arising from or connected to the Insured’s performance of his obligation under the Residential Tenancy Agreement 3. relating to the payment or non payment of a service charge 4. notified to Abbey more than 60 days after the date Rent was first in arrears 5. where any Rent arrears arose within the first 3 complete monthly rental periods of the Period of Insurance if the Residential Tenancy Agreement commenced before the Period of Insurance (unless evidence of continuous equivalent insurance immediately prior to the period is provided). Part 2 Sub-section 2 - rent protection Until the Insured obtains vacant possession of the Residential Property, the Insurer agrees to indemnify the Insured against: 1. the Rent the Tenant is due to pay the Insured under the Tenancy Agreement which the Insured has not received; 2. compensation for the unauthorised possession of the Residential Property by the Tenant after the expiry of the Residential Tenancy Agreement (at an amount equivalent to the monthly Rent payable under the Residential Tenancy Agreement). Provided that a Claim has been made and accepted by Abbey under Sub-section 1 of this Section to evict the Tenant in respect of a Rent arrears or compensation claimed. Exclusions to sub-section 2 The Insurer shall not be liable to indemnify the Insured hereunder in respect of any Claim: 1. Where a Tenant required a Guarantor to obtain a Tenant Reference and the Guarantor was not correctly assigned to the Residential Tenancy Agreement. If the Tenant opts to claim Housing Benefit, Rent will not be paid until the outcome of the Housing Benefit claim is known. If the Tenants Housing Benefit claim is rejected Rent will be paid under this policy backdated to the date that the Insured could first Claim. There is no cover under this policy for any shortfall between the amount paid to the Tenant as Housing Benefit and the Rent. General exclusions applicable to Part 1 and Part 2 The Insurer shall not be liable to indemnify the Insured hereunder in respect of:
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 38 of 44
1. the defence of the Insured in civil legal proceedings arising from: a) injury or disease including psychiatric injury and stress; b) loss, destruction or damage of or to property; c) alleged breach of any Professional Duty; d) any tortious liability (other than as specified in Part 1 Sub-Section A Property Disputes); 2. any dispute, legal proceedings or Inland Revenue Investigations made, brought or commenced outside the Territorial Limits; 3. Legal Expenses or Professional Expenses incurred without the prior written consent of Abbey or in excess of the Abbeys consent; 4. any Claim relating to or arising from any cause, event or circumstance occurring prior to or existing at inception of this policy and which has or which the Insured knew or ought reasonably to have known may give rise to a dispute, legal proceedings or HMRC Investigation or Claim for Jury Service Allowance by or against the Insured; 5. fines or other penalties imposed by a court or tribunal; 6. any dispute, legal proceedings or HMRC Investigations in respect of which the Insured is, or but for the existence of this policy would be, entitled to indemnity under any insurance policy whether a Legal Expenses insurance or not or under a legal aid policy or representation order; 7. any Claim arising from: the Insured’s intentional wrongdoing; or an act or omission with negligent disregard as to its consequences; 8. any dispute or legal proceedings with Government or Local Authority departments concerning
the imposition of statutory charges; 9. disputes between Insureds as specified in the Schedule or any endorsement thereto, or with any parent or subsidiary company or associated company or partner; 10. any dispute between the Insured and the Insurer, Abbey, the Appointed Representative or their insurance broker;
11. any dispute or legal proceedings arising out of breach or alleged breach of confidentiality or passing off whether related to intellectual property or not; 12. any dispute or legal proceedings arising out of the ownership or existence of any intellectual property rights; 13. any dispute or legal proceedings arising out of or in connection with actual or alleged defamation or malicious falsehood; 14. any Legal Expenses or Professional Expenses incurred in respect of or in connection with a judicial review; 15. appeals arising out of legal proceedings or HMRC Investigations to which no Coverholder’s consent has been granted; 16. any claim, legal liability or any loss or damage to property directly or indirectly caused by or contributed to by seepage, pollution or contamination of any kind; 17. any Legal Expenses or Professional Expenses which the Insured should or would have had to incur irrespective of any dispute; 18. any expense, legal liability or any loss or damage to property directly or indirectly caused by or contributed to by: 19. ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel; 20. the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof; 21. any loss, damage, cost or expense whatsoever directly or indirectly caused by, resulting from or in connection with (including any action taken in controlling, preventing, suppressing or in any way relating to) any of the following regardless of any other cause or event contributing concurrently or in any other sequence to the loss; 22. war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power; Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 39 of 44
or any act of terrorism. For the purposes of this exclusion an act of terrorism means an act including but not limited to the use of force or violence and/or the threat thereof, any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public in fear.
Conditions 1. Arbitration Any dispute between the Insured and the Insurer shall be referred to a single arbitrator who shall be either a solicitor or barrister agreed upon by both parties or failing agreement one who is nominated by the President of the appropriate Law Society or by the Bar Council England & Wales. All apportionment of the costs of the arbitration shall be determined by the arbitrator. 2. Alteration of risk The Insured must notify the Insurers or their agents immediately of any alteration in risk that materially affects this insurance. 3. Due observance The Insured must act with due diligence and at all times act and comply with all the terms, conditions and provisos under this policy. 4. Proper law The parties are free to choose the law applicable to this policy. Unless specifically agreed to the contrary this insurance shall be subject to the Laws of England and Wales. 5. Data protection act 1998 It is agreed by the Insured that any information provided to Abbey or the Insurer regarding the Insured will be processed by the them in compliance with the provisions of the Data Protection Act 1998 for the purposes of providing insurance; facilitating renewal of insurance and handling Claims, if any, which may necessitate providing such information to third parties including the Insured’s insurance broker.
Claims conditions Notification of claims It is a condition precedent to the liability of the Insurer that Abbey must be notified in writing during the Period of Insurance immediately the Insured is aware of any cause, event or circumstance which has given or may give rise to a Claim, dispute, legal proceedings or HMRC Investigation involving the Insured. Where such notification has been given, the Insurer agrees to treat any subsequent Claim in respect of the cause, event or circumstance notified as though the Claim had been notified during the Period of Insurance. Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 40 of 44
Abbey will forward to the Insured an insurance claim form that must be completed and returned immediately. Abbey’s consent It is a condition precedent to the liability of the Insurer that their consent to incur Legal Expenses or Professional Expenses must firstly be obtained in writing. This consent will be given by Abbey on behalf of the Insurer if the Insured can satisfy Abbey that: a) it is reasonable to incur Legal Expenses or Professional Expenses having regard to the proportionality between the remedy claimed and the Legal Expenses or Professional Expenses to be incurred; b) I. Where the Insured is pursuing there are reasonable prospects of proving the other party’s legal liability and recovering the damages claimed or other remedy sought; or II.
Where the Insured is defending the other party does not have reasonable prospects of proving the Insured’s legal liability;
or, III.
in respect of a criminal prosecution and where the Insured pleads guilty there is a reasonable prospect of a significant mitigation of the Insured’s sentence or fine.
If during the course of a Claim the Insured ceases to satisfy Abbey in respect of a. or b. above, indemnity will be withdrawn in respect of Legal Expenses and Professional Expenses and Rent. The decision to grant consent or to withhold it will be taken on receipt of: a fully completed insurance claim form; the information and documentation the Coverholder reasonably requests; a legal opinion from the Appointed RepresentativeAppointed Representative as to a) and b) above; any advice the Coverholder may deem it necessary to take. With the agreement of the Insured, Abbey may provide assistance in settling disputes, the costs of which will be covered under this policy subject to the payment of the Excess or Increased Excess within the Limits of Insurer’s Liability. Abbey at its discretion may require the Insured to obtain an opinion from Counsel at the Insured’s expense as to the merits of the subject matter of the Claim such opinion to have regard to the same issues that Abbey has in assessing the merits of any legal action. If based upon such opinion Abbey is satisfied in respect of a. and b. above the Legal Expenses and Professional Expenses incurred in obtaining that opinion will be paid by the Insurer within the Limits of the Insurer’s Liability.
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 41 of 44
In granting its consent the Insurer undertakes to provide indemnity to the Insured subject to the terms and conditions of this policy and its Schedule but such consent does not imply that all Legal Expenses or Professional Expenses or Rent will be paid. In particular Legal Expenses or Professional Expenses or Rent for matters that go beyond the immediate scope of the Claim shall be deemed by the Insurer to fall outside the indemnity provided by this policy. Abbey reserves the right to limit its consent by time and/or financial amount of Legal Expenses or Professional Expenses or Rent and/or stage of proceedings to allow for a review of their continued consent. If after consent has been granted it is shown that the Claim has not been brought within the terms and conditions of this policy and its Schedule Abbey’s consent will be withdrawn and no indemnity shall be provided. The Insurer shall be entitled to recover any Legal Expenses or Professional Expenses or Rent previously paid. If the Insured elects to proceed with the pursuit or defence of a dispute or legal proceedings to which Abbey’s consent has been refused through lack of reasonable prospects as required in b) i. and ii. above and if the Insured is successful in such pursuit or defence, the Insurer will pay Legal Expenses or Professional Expenses or Rent incurred after such consent had been refused subject to the terms conditions of this policy. Instruction and choice of Appointed Representative and counsel Abbey will choose an Appointed Representative to act on behalf of the Insured in any Claim under Part 1 Sub-Section D. In all other Sections of Cover where recourse is necessary to a lawyer and there are enquiries or legal proceedings, the Insured is free to choose an Appointed Representative to act in the name of and on behalf of the Insured in any enquiry or legal proceedings to which the Coverholder has consented subject to the Increased Excess. The name and address of the Appointed Representative the Insured proposes to instruct must be notified to the Coverholder in writing. The Coverholder will accept such nomination provided the Coverholder is satisfied the proposed Appointed Representative will co-operate and enable the Insured to comply with the terms and conditions of this policy and provided the proposed Appointed Representative’s charging rates are fair and reasonable in regard to the particular legal proceedings. In all other Claim situations the Coverholder will choose the Appointed Representative subject to the Excess, unless there is a conflict of interest between the Insured and the Coverholder when the Insured is free to choose an Appointed Representative to act in the name and on behalf of the Insured in any Claim to which the Coverholder has consented. A dispute arising from the Insured’s choice may be referred to Arbitration in accordance with General Condition 1. The Insured must not, without the written consent of the Coverholder, enter into any agreement with the Appointed Representative as to the basis of calculation of Legal Expenses or Professional Expenses. In selecting the Appointed Representative the Insured shall have regard to its duty to minimise the cost of any Claim. Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 42 of 44
In all cases the Appointed Representative shall be appointed in the name of and on behalf of the Insured. If in the course of any Claim the Appointed Representative wishes to instruct Counsel or an expert, Counsel’s or the expert’s name and an explanation of the necessity for such instruction must be submitted to the Coverholder for consent to the proposed instruction which will not be unreasonably withheld.
Disclosure It is a condition precedent to the Insurer’s liability that: a)
b)
The Insured must give to the Appointed Representative and Abbey all necessary help and information including a complete and truthful account of the facts of the case and all relevant documentary or other evidence in the Insured’s possession. The Insured must provide, obtain or execute all documents as necessary and attend meetings or conferences as requested. the Insured must instruct the Appointed Representative to provide the Coverholder any information, documents or advice in connection with any Claim and the subject matter of any Claim even if privileged. In addition the Insured must instruct the Appointed Representative to provide the Coverholder with regular updates on the progress of the subject matter of any Claim and inform the Coverholder immediately if and when any circumstance adversely impacts the factors taken into account in granting the Coverholder’s consent.
Indemnity may be withdrawn if the Insured fails to co-operate at all or within a reasonable time with the Coverholder’s or the Appointed Representative’s requests or if the Insured or Appointed Representative fails to provide the Coverholder with any information in connection with any Claim or the subject matter of any Claim. Payment of legal expenses and professional bills All bills for Legal Expenses or Professional Expenses which the Insured receives from the Appointed Representative should be forwarded to Abbey without delay. If Abbey so requires the Insured must ask the Appointed Representative to submit the bill of costs for assessment or certification by the appropriate Law Society, court or tribunal. The Insured is responsible for payment of all Legal Expenses or Professional Expenses. The Insurer may settle these direct if requested by the Insured to do so. The payment of some Legal Expenses or Professional Expenses or Rent does not imply that all Legal Expenses or Professional Expenses will be paid. Rent will be paid monthly in arrears at a rate of 1/30th for each continuous day that it is in arrears. Subject to a maximum of £2500 per month for up to twelve months or £10,000 whichever is the lesser amount. Offer of settlement It is a condition precedent to the liability of the Insurer that the Insured must inform the Coverholder in writing as soon as an offer to settle the subject matter of the Claim is received and/or the Insured proposes to make an offer of settlement. In any settlement, the Insured must have regard to Legal Expenses or Professional Expenses incurred or likely to be incurred and the recovery thereof.
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 43 of 44
No indemnity will be provided if the Insured enters into any agreement to settle without the prior written consent of Abbey (such consent not to be unreasonably withheld) and the Insurer shall be entitled to recover any Legal Expenses or Professional Expenses previously paid. If the Insured unreasonably rejects an offer of settlement which Abbey recommends acceptance of or makes an offer which Abbey does not agree no further indemnity shall be provided. The Insurer may at its absolute discretion decide to pay the Insured the amount of damages that the Insured is claiming or is being claimed against the Insured instead of indemnifying the Insured for Legal Expenses or Professional Expenses. Where Insurer exercises this discretion the Insurer will cease to be liable for any further Legal Expenses or Professional Expenses. Recovery of costs Whenever the Insured is awarded costs or under the terms of any settlement where costs are included, those costs are to be repaid to the Insurer. The Insured and their Appointed Representative must make every effort to make a full recovery of costs. Where a settlement purports to be a global or a without costs settlement or where costs are awarded but not recovered, the Insured agrees that a fair and reasonable proportion of that settlement will be deemed costs and due to the Insurer. Where such a settlement is paid in installments all costs to the Insurer shall be paid first. The Insurer shall also be entitled to any Deposit held by or in favour of the Insured to the extent that it has not been used to pay for the repair of any damage to the Property which is the Tenant’s responsibility and for which the Tenant has not paid or the Excess.
Appeal procedure If, following legal proceedings to which Abbey has consented, the Insured wishes to appeal against the judgment or decision of a court or tribunal, the grounds for such appeal must be submitted to Abbey through the Appointed Representative immediately or as soon as practicable so that Abbey may consider whether to consent to such further action. If an appeal is lodged against a judgment or decision of a court or tribunal made in favour of the Insured following legal proceedings to which Abbey has consented, the Insured must notify Abbey immediately in order that cover shall continue. Abbey will inform the Appointed Representative of its decision. If Abbey so require it the Insured must co-operate in an appeal against the judgment or decision of a court or tribunal. Duty to minimise. The Insured must take all reasonable precautions to avoid and prevent Claims HMRC Investigations legal proceedings and disputes. The Insured must use every endeavor and take all reasonable measures to minimize the cost and effect of any Claim.
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 44 of 44
Fraudulent claims If the Insured makes any request for payment under this policy knowing it to be fraudulent or false in any respect or ought reasonably in the circumstances to know it to be fraudulent or false or where there is collusion between any parties to the dispute, this policy shall become void and any premiums paid shall be forfeited and the Insurer shall be entitled to reover any Legal Expenses or Professional Expenses previously paid.Insolvency or liquidation of the Insured If the Insured becomes insolvent or is placed in liquidation receivership administration or bankruptcy or enters into a voluntary arrangement or deed of arrangement or if any application is made to the Court or meeting convened for any such purpose the Insurer has the right to immediately cease to provide indemnity for Legal Expenses and Professional Expenses notwithstanding any previous consent Abbey may have granted. Value added tax If the Insured is registered for VAT, the Insurer will not pay the VAT element of any Legal Expenses or Professional Expenses.
Bluefin Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Registered Office: 5 Old Broad Street, London, EC2N 1AD. Registered in England No: 931954. BU Landlords Choice Portfolio Policy Wording 08.16
Page 45 of 44
