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  • FIRST POST
    • NickB2017
    • By NickB2017 10th Nov 18, 12:06 PM
    • 14Posts
    • 1Thanks
    NickB2017
    What terms of indemnity insurance prevents you from taking it on if you've spoken to the council?
    • #1
    • 10th Nov 18, 12:06 PM
    What terms of indemnity insurance prevents you from taking it on if you've spoken to the council? 10th Nov 18 at 12:06 PM
    Hi all,

    I was told that I had made unavailable the prospect of taking out indemnity insurance for a lack of building control approval because I had spoken to the Council prior to knowing that insurance was being offered for the issue and therefore prior to actually taking on the insurance. I'm trying to understand on what basis this is true. I have combed through the policy wording for the insurance my solicitor offered and the only relevant wording I can find is the following:
    "Any act or omission by the Insured, or anyone acting on the Insured’s behalf, which in whole or in part induces a claim under the policy may prejudice the Insured’s position and could invalidate the policy.

    The Insured or anyone acting on the Insured’s behalf will not without the Underwriters prior written consent disclose the existence of this policy, or any information relating to this policy, to any third party other than bona fide prospective purchasers, their lenders, lessees and respective legal advisers

    i. discuss or enter into negotiation with the local authority or apply for retrospective planning
    and/or building regulations consent or a certificate of lawful use"
    [the wording is near identical to this policy wording: https://www.groundsure.com/wp-content/uploads/2015/10/Groundsure-Environmental-Insurance-Policy-Summary-Oct2015.pdf ]

    I can't see how this would apply to me before I signed the policy. Or perhaps it does?

    Is there other wording in other policies that perhaps explicitly refers to the policyholder not contacting the council in x months prior to the policy being written?

    Thanks,
    Last edited by NickB2017; 10-11-2018 at 12:08 PM.
Page 1
    • davidmcn
    • By davidmcn 10th Nov 18, 12:21 PM
    • 9,062 Posts
    • 9,648 Thanks
    davidmcn
    • #2
    • 10th Nov 18, 12:21 PM
    • #2
    • 10th Nov 18, 12:21 PM
    [the wording is near identical to this policy wording: https://www.groundsure.com/wp-content/uploads/2015/10/Groundsure-Environmental-Insurance-Policy-Summary-Oct2015.pdf ]

    I can't see how this would apply to me before I signed the policy. Or perhaps it does?

    Is there other wording in other policies that perhaps explicitly refers to the policyholder not contacting the council in x months prior to the policy being written?
    Originally posted by NickB2017
    From the policy you've linked to, see exemption 1(d):

    1. Claims arising from the following are excluded:

    d. any communication with an enforcing authority, before the policy commencement date, not previously approved by the underwriters
    It may also have been a question in the proposal form.
    • NickB2017
    • By NickB2017 10th Nov 18, 12:26 PM
    • 14 Posts
    • 1 Thanks
    NickB2017
    • #3
    • 10th Nov 18, 12:26 PM
    • #3
    • 10th Nov 18, 12:26 PM
    Well spotted David. For reference, there is no equivalence of exemption 1(d) in the proposed policy that my solicitor referred.

    There is also no proposal form to my knowledge. The intention was to simply add us as the insured to a block bordereaux policy. We wouldn't even be issued an individual indemnity policy.
    • davidmcn
    • By davidmcn 10th Nov 18, 12:30 PM
    • 9,062 Posts
    • 9,648 Thanks
    davidmcn
    • #4
    • 10th Nov 18, 12:30 PM
    • #4
    • 10th Nov 18, 12:30 PM
    There is also no proposal form to my knowledge. The intention was to simply add us as the insured to a block bordereaux policy. We wouldn't even be issued an individual indemnity policy.
    Originally posted by NickB2017
    Well, I can't advise you about the conditions of the policy if I can't see them...but I'd be surprised if prior contact with the council wasn't somehow covered. The wording you've quoted probably does anyway, even if it doesn't explicitly say "before or after the policy date".
    • G_M
    • By G_M 10th Nov 18, 12:42 PM
    • 45,849 Posts
    • 55,316 Thanks
    G_M
    • #5
    • 10th Nov 18, 12:42 PM
    • #5
    • 10th Nov 18, 12:42 PM
    ....
    I can't see how this would NOT apply to me before I signed the policy. Or perhapsI'm sure it does?
    Originally posted by NickB2017
    Common sense really. A bit as if you went to your GP with a problem, he refered you to a oncologist who diagnosed cancer.


    Then you took out a private health insurance policy to cover cancer.
    Last edited by G_M; 10-11-2018 at 12:58 PM.
    • beanfarmer
    • By beanfarmer 10th Nov 18, 12:46 PM
    • 107 Posts
    • 26 Thanks
    beanfarmer
    • #6
    • 10th Nov 18, 12:46 PM
    • #6
    • 10th Nov 18, 12:46 PM
    "Any act or omission by the Insured, or anyone acting on the Insuredís behalf, which in whole or in part induces a claim under the policy may prejudice the Insuredís position and could invalidate the policy.
    Originally posted by NickB2017
    Wouldn't "Any act" ....which induces a claim under the policy (Which would mean the council enforcement action for which the policy is designed to cover) would cover you bringing the matter to the attention of the council?

    Therefore legally can't "Any act" be "Any act that you've done at "any time" in this context especially as the "Any act" would directly relate to the insurance claim which is what the "Any act" is specifically talking about in the first place.
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