Guidance relating to Insurance and the Riots across England
The riots and disturbances which have taken place across the country in recent days are very concerning for us all. These notes are prepared to give some guidance on the urgent steps to be taken in the event of damage occurring to share some thoughts with regard to preventative measures which can be taken.
In general terms the majority of insurance policies cover the losses arising from Malicious Damage, Fires and Forcible Theft, although we can advise you in specific cases.
Act immediately in the event of damage
Most Insurers have a requirement within their policies to the effect that any claim for riot and/or civil commotion must be notified to Insurers immediately with full supporting documentation within 7 days of the incident occurring. This timescale is specifically to prevent a recovery action being turned down by the Police Authority on the basis that the action is time barred.
The local Police Authority has a legal responsibility to reimburse persons who sustain damage to property as the result of a riot, under the Riot Damages Act 1886. The wording of this statute is explicit. Any claim under the Act must be “made in writing and received by the local Police Authority within 14 days of the alleged incident”.
Having made the urgent notification, it will subsequently be important to quantify and substantiate losses within a week of the incident occurring. In the light of central Government cuts, any Police Authority would look to resist applications for extensions of these time limits as a loophole to keep payments to a minimum.
In the event of damage please contact us as quickly as possible on the following numbers:
Office: 01202 647400
Nigel Edwards, Claims Manager: 01202 647406 or Mobile 07773 379601
Preventative Measures
Whilst it is difficult to give specific and detailed guidance with regard to measures which can be taken to reduce these potential risks, the following may help.
Commercial Client
First consideration is for the safety of employees. We do recommend that contingency plans are put into place to ensure that employees are not exposed to risk by being on business premises during times of danger. In recent days many roads and public transport facilities have been closed. Therefore, employees when commuting should be encouraged to be extra vigilant, particularly after dark, when the rioting appears to be most prolific.
- Keep up to date with news events and particularly consider advice from the Police or Local Authority on action to take if you are affected by the disturbances.
- Considerable damage has been caused by arson. With this in mind it is important to ensure that exteriors of buildings are cleared of combustibles and waste materials which could be used by arsonists.
- Ensure that computer and other data carrying systems are backed up and taken from the premises and deploy all relevant contingency plans.
- Turn lights off in windows at night, take all valuable stock items from window displays if possible.
- Make certain that all security devices (including roller shutters if applicable), are put into full and effective operation. You are encouraged to carry out an audit of your security to ensure that maximum protection is in place, giving particular attention to the ground floor and basement levels, emergency escape doors and roof lights.
Household Clients
- Avoid all affected areas wherever possible. If you are in the vicinity of unrest, the advice being given is to leave the area immediately or to stay indoors, due to the high risk of violence.
- Rioting may break out in any area and with little warning. Any area where there is concentration of security personnel should also be avoided.
- Ensure that all security measures are fully implemented and for your personal safety remain vigilant, particularly after dark, when rioting so far has been most prolific.
We hope you remain safe and unaffected by the recent incidents. If you do however need further guidance or assistance please do not hesitate to make contact. We will be pleased to help.
Peter Moody FCII
Director
