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Family Legal Protection cover of my Buildings & Contents insurance Policy

TWilkinson
Posts: 1 Newbie
I have had Family Legal Protection cover included in my Buildings & Contents policies, with various insurers for over two decades.
I am with my present insurers since September 2019 and bought and renewed the policy each September since. The policy schedule offered Employment Disputes up to £10,000 Legal Fee cover and up to £50,000 Legal Fee cover for any other Dispute.
I had building work done and the costs that he was responsible for amounted to £66,800. other costs architect, planning, building control pushed the cost beyond £70,000.
The Builder and Building control have failed to prove the work is done to Building Regulations.
I claimed on my insurance for Legal representation to be provided by their panel Solicitors.
When I bought the policy on a comparison website the schedule covered pages 3-6. My claim was refused sighting a Term on page 43 that limited costs of Building works, of my choosing, to £5,000 including VAT.
I disputed this as being in breach of the Consumer Rights Act 2015, where No Term in Any Contract is Binding on The Consumer if it Puts The Consumer at a Disadvantage.
The panel Solicitor was used by the Insurer to force the Term against me.
Complaints Procedure was begun and then passed to FOS. The Ombudsman's decision was biased to the insurers involvement of their Solicitor but he was unable to rule on Points of Law regarding my Consumer Rights.
Arbitration should follow and that is also denied by the Insurers.
I need advice on whether the Term of £5,000 limit stands taller than my consumer rights.
TWilkinson
I am with my present insurers since September 2019 and bought and renewed the policy each September since. The policy schedule offered Employment Disputes up to £10,000 Legal Fee cover and up to £50,000 Legal Fee cover for any other Dispute.
I had building work done and the costs that he was responsible for amounted to £66,800. other costs architect, planning, building control pushed the cost beyond £70,000.
The Builder and Building control have failed to prove the work is done to Building Regulations.
I claimed on my insurance for Legal representation to be provided by their panel Solicitors.
When I bought the policy on a comparison website the schedule covered pages 3-6. My claim was refused sighting a Term on page 43 that limited costs of Building works, of my choosing, to £5,000 including VAT.
I disputed this as being in breach of the Consumer Rights Act 2015, where No Term in Any Contract is Binding on The Consumer if it Puts The Consumer at a Disadvantage.
The panel Solicitor was used by the Insurer to force the Term against me.
Complaints Procedure was begun and then passed to FOS. The Ombudsman's decision was biased to the insurers involvement of their Solicitor but he was unable to rule on Points of Law regarding my Consumer Rights.
Arbitration should follow and that is also denied by the Insurers.
I need advice on whether the Term of £5,000 limit stands taller than my consumer rights.
TWilkinson
0
Comments
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The Financial Ombudsman is Arbitration.
The Policy Schedule is effectively the answers to the questions you gave and anything that is bespoke to you. It has to be read in conjunction with the policy book as it doesn't contain the terms and conditions of the policy. It would be helpful if you provided a link to the policy book here so can see exactly what the terms are.
You seem to be significantly misunderstanding what the unfair terms aspects of the CRA are about. A reasonable guide is https://assets.publishing.service.gov.uk/media/5a807f4c40f0b62302693daf/Unfair_Terms_Explained.pdf
It is standard practice for insurance policies to have standard inner limits of cover. This in part the reason why you have a statutory cooling off period that starts at the later of the policy incepting and you receiving the policy terms. Gives you the time to read it, ask questions, and given consumer home/LEI etc is an unadvised sales, decide if the cover is sufficient for your needs. It is not unfair for inner limits to exist.0
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