What Our Policy Does and Doesn't Cover

In this section:

Locks and Keys Cover

You must pay all relevant excesses for any claim made under locks and keys cover.

The general exclusions apply to any claim made under locks and keys cover.

We will cover you for:

We will not cover you for:

The reasonable cost of:

  • replacing the keys;
  • changing parts of the locks; and
  • replacing the locks;

of your home if you lose the keys to your home or if the locks of outside doors, safes or alarms to your home suffer accidental damage.

Loss or damage caused while your home is unoccupied.

Damage caused by weather.

Replacing locks when only the parts need changing

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Buildings Cover

Your policy schedule will show whether your buildings are covered under buildings cover.

You must pay all relevant excesses for any claim made under buildingscover.

The general exclusions apply to any claim made under buildingscover.

We will cover your buildings for sudden and unexpected loss or damage caused during the insurance period by:

We will not cover your buildings for:

1a Fire, explosion, lightning or earthquake

1b Smoke

Loss or damage caused by cigarette/cigar burns, scorching, melting, warping or other forms of heat distortion unless accompanied by flames.  If you have chosen to include cover for accidental damage, this may be covered under paragraph 17 of buildings cover.

2 Storm

Loss or damage caused by frost. 

Loss of or damage to fences, gates and hedges.

Loss or damage caused directly or indirectly by wind turbines.

Loss or damage caused by the failure of a flat felt roof which is more than 10 years old.

3 Flood

Loss or damage caused by a gradual rise in the water table.

4a Water freezing in any fixed water or heating systems    

Loss or damage caused while your buildings are unoccupied.

The costs of replacing any part of any fixed water or heating systems not damaged by freezing water.

4b Water escaping from any domestic appliance and fixed water installations

Loss or damage caused while your buildings are unoccupied.

Loss or damage where the escape of water was caused by subsidence or heave of the land on which your buildings stand or by landslip.  This may be covered under paragraph 10 of buildings cover.

The cost of removing or replacing any part of your buildings to find and repair the source of the escape of water.

5 Oil escaping from a fixed heating system

Loss or damage caused while your buildings are unoccupied.

6 Riot or civil commotion

 

7 Malicious damage

Loss or damage caused while your buildings are unoccupied.

8 Theft or attempted theft

Theft or attempted theft by deception, unless the deception was used only as a means of entering your buildings.

Loss or damage caused while your buildings are unoccupied.

9 Falling trees or branches, lamp posts, telegraph poles or pylons

We will also cover the reasonable costs of removing the fallen part of any tree, branch, lamp post or pylon which caused damage to your buildings.

The costs of removing any tree, branch, lamp post or pylon which has not caused damage to your buildings.

10 Subsidence or heave of the land on which your buildings stand or landslip

Loss or damage caused by solid floors moving unless the foundations of the outside walls of your home are damaged by the same cause and at the same time.

Loss or damage to garages, outbuildings, patios, terraces, footpaths, swimming pools, ornamental ponds, solar panels, wind turbines, tennis courts, drives, walls, fences, hedges or gates unless your home is damaged by the same cause and at the same time.

11 Falling radio and television-receiving aerials (including satellite dishes), their fittings and masts

 

12 Any part of your buildings being hit by a vehicle, train or aircraft, or anything dropped from any of them, or an animal

Loss or damage caused by domestic pets.

13 Forced access to your buildings by any of the emergency services to deal with a medical emergency or to prevent damage to your buildings

 

 

We will cover you for:

We will not cover you for:

14 The reasonable costs for which you are legally responsible of repairing accidental damage caused during the insurance period to underground drains, pipes, cables, tanks or drain inspection covers which are used to provide services to or from your home.

The cost of clearing a blockage which has not resulted from physical damage to any drains, pipes, cables or tanks.

The costs for which you are legally responsible of repairing accidental damage caused by:

  • subsidence or heave of the land on which your buildings stand or by landslip. This may be covered under paragraph 10 of buildings cover; or
  • the settlement of the ground.

 

We will cover you for:

We will not cover you for:

15 The reasonable costs of short term accommodation for you and your family only for as long as your home cannot be lived in because of one or more of the insured events listed in paragraphs 1 to 14 of buildings cover.

Any costs you or your family has to pay once your home can be lived in again.

The costs that you and your family would have paid while you and they were living in your home, such as ground rent, the cost of food and drink, fuel bills or council tax.

The costs of housing your or your family's pets.

If you cannot claim under paragraphs 1 to 14 of buildings cover, you cannot claim under this paragraph.

 

If you are both the owner and the occupier of your buildings please note:

Accidents which happen in buildings or on land are more commonly the legal responsibility of the occupier of the buildings or land rather than the owner. Cover against any breach of the legal responsibility that you may have as the occupier of the buildings is not provided by this buildings cover. In order to protect yourself, you should ensure that you also have contents insurance which includes cover for your legal responsibilities as the occupier.

We will cover you for:

We will not cover you for:

16a Your legal responsibility as owner (but not as occupier) of your buildings for damages and costs for:

  • accidental death, disease, illness or physical injury to anyone other than you or a member of your family;
  • accidental damage to physical property other than your property or that of a member of your family;

which occur during the insurance period.

Any associated defence costs and expenses incurred with our written consent.

           

Any liability resulting from your or any of your family’s employment, trade, business or profession.

Any liability as an employer to anyone employed by you or any of your family in any trade, profession or business.

Any liability resulting from you or any of your family owning or using:

  • lifts (other than stair lifts), motorised or mechanically propelled or assisted vehicles including go-karts, jet skis, Go peds, scooters, children’s vehicles whether licensed for public road use or not (other than garden machinery and motorised or electric wheelchairs), pedal cycles or wind turbines; or
  • trailers, trailer tents, caravans, aircraft of any type or boats or water craft of any type (other than rowing boats).

Any liability resulting from any animal (except domestic cats and dogs).

Any liability for accidental death, disease, illness or physical injury to anyone caused by any dog described in Section 1 of the Dangerous Dogs Act 1991 or Article 3 of the Dangerous Dogs (Northern Ireland) Order 1991, which is owned by you or any of your family or for which you or they are legally responsible.

Any liability under an agreement, unless you or your family would have been liable anyway.

Any damages, legal or other costs awarded by any court, tribunal or other body with no jurisdiction in the United Kingdom.

16b Your legal responsibility as owner (but not as occupier) of a private dwelling previously owned by you and insured by us for damages and costs for:

  • accidental death, disease, illness or physical injury to anyone other than you or a member of your family;
  • accidental damage to physical property other than your property or that of a member of your family;

which arises under Section 3 of the Defective Premises Act 1972 or Section 5 of the Defective Premises (Northern Ireland) Order 1975.

Any associated defence costs and expenses incurred with our written consent.

The exclusions from cover listed under paragraph 16a of buildings cover.

Any liability for a private dwelling previously owned and occupied by you in which you still hold legal title or have an interest.

Any liability for an incident which happens more than seven years after the last day the private dwelling previously owned by you was insured by us.

 

If you die, cover under paragraphs 16a and 16b of buildings cover is transferred to your legal personal representative(s) as long as they follow the terms and conditions of the policy.

 

If you have chosen to include accidental damage cover in return for the payment of an extra premium and this is shown on your policy schedule, we will cover you for:

We will not cover you for:

17 Accidental damage caused during the insurance period to your buildings including accidental damage to any glass, sanitary ware, ceramic hobs or solar panels which are fixed to and form part of your home.

Loss or damage caused while your buildings are unoccupied.

Loss or damage caused by one of the insured events listed in paragraphs 1 to 14 of buildings cover.  This may be covered under one of those paragraphs.

Loss or damage which occurs while any part of your buildings is let or lent to anyone who is not a member of your family.

Loss or damage caused by water entering your buildings regardless of how that happened.

Loss or damage caused by domestic pets.

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Contents Cover

Your policy schedule will show whether your contents are covered under contents cover.

You must pay all relevant excesses for any claim made under contentscover.

The general exclusions apply to any claim made under contentscover.

We will cover contents in your home for sudden and unexpected loss or damage caused during the insurance period by:

We will not cover contents for:

1 Fire, explosion, lightning or earthquake

Loss or damage caused by cigarette/cigar burns, scorching, melting, warping or other forms of heat distortion unless accompanied by flames. If you have chosen to include cover for accidental damage, this may be covered under paragraph 20 of contents cover.

2 Smoke

 

3 Storm

Loss or damage caused by the failure of a flat felt roof which is more than 10 years old.

4 Flood

Loss or damage caused by a gradual rise in the water table.

5 Water escaping from any domestic appliance and fixed water installations

Loss or damage caused while your home is unoccupied.

Loss or damage where the escape of water was caused by subsidence or heave of the land on which your home stands or by landslip.  This may be covered under paragraph 10 of contents cover.

6 Oil escaping from a fixed heating system

Loss or damage caused while your home is unoccupied.

7 Riot or civil commotion

 

8 Malicious damage

Loss or damage caused while your home is unoccupied.

9 Theft or attempted theft

If your home or any part of it is let or lent, or if anyone other than you or a member of your family is staying in your home, theft or attempted theft unless force and violence is used to get into or out of your home.

Theft or attempted theft by deception, unless the deception was used only as a means of entering your home.

Loss or damage caused while your home is unoccupied.

10 Subsidence or heave of the land on which your home stands or landslip

Loss or damage caused by solid floors moving unless the foundations of the outside walls of your home are damaged by the same cause and at the same time.

11 Falling trees or branches, lamp posts, telegraph poles or pylons, radio and television-receiving aerials (including satellite dishes), their fittings and masts

The costs of removing any tree, branch, lamp post or pylon.

12 Any part of your home being hit by a vehicle, train or aircraft, or anything dropped from any of them, or an animal

Loss or damage caused by domestic pets.

We will also cover you for sudden and unexpected loss or damage caused during the insurance period to:

We will not cover you for:

13 Contents outside your home on land which is within the boundaries of your buildings caused by any of the insured events listed in paragraphs 1 to 12 of contents cover.

Loss or damage caused while your home is unoccupied.

Loss of money.

The exclusions from cover listed in paragraphs 1 to 12 of contents cover also apply to the cover under this paragraph.

 

We will cover you for:

We will not cover you for:

14 Accidental loss or accidental damage to contents when you move home:

  • while a professional removal firm is moving them from your home to another permanent home in the British Isles; and
  • while they are being held in temporary storage by the removal firm for up to 72 hours.

Damage to china, glass, pottery or any similar items which are fragile unless they have been packed by professional packers.

Loss of or damage to contents while they are being moved to or from university halls of residence or rented student accommodation, belonging to you or a member of your family in full time further education.

Loss or damage not reported within 7 days of you moving into your new home.

 

We will cover you for:

We will not cover you for:

15 The reasonable costs of short term accommodation for you and your family and the reasonable costs of temporary storage of contents only for as long as your home cannot be lived in because of one or more of the insured events listed in paragraphs 1 to 12 of contents.

Any costs you or your family has to pay once your home can be lived in again.

The costs that you and your family would have paid while you and they were living in your home, such as ground rent, the cost of food and drink, fuel bills or council tax.

The costs of housing your or your family's pets.

If you cannot claim under paragraphs 1 to 12 of contents cover, you cannot claim under this paragraph.

 

We will cover you for:

We will not cover you for:

16 The loss of metered water, oil or liquid petroleum gas caused by any of the insured events listed in paragraphs 1 to 12 of contents cover (and paragraph 20 of contents cover if you have contents accidental damage under your policy).

The exclusions from cover listed in paragraphs 1 to 12 of contents cover (and paragraph 20 of contents cover if you have contents accidental damage under your policy).

 

As well as covering the contents of your home, we also provide cover for your breach of certain legal responsibilities you may have. Accidents which happen in buildings or on land are more commonly the occupier’s legal responsibility rather than the owner’s.

We will cover you for:

We will not cover you for:

17a Your or your family's legal responsibility for damages and costs for:

  • accidental death, disease, illness or physical injury to anyone other than you or a member of your family;
  • accidental damage to physical property other than your property or that of a member of your family;

which occurs during the insurance period and for which you or they are legally responsible:

  • as occupier (but not as owner) of your home; or
  • in your or their personal life.

Any associated defence costs and expenses incurred with our written consent.

Any liability resulting directly or indirectly from you or any of your family being treated for or passing on any disease or virus.

Any liability resulting from you or any of your family’s employment, trade or business profession.

Any liability as an employer to anyone employed by you or any of your family in any trade, profession or business.

Any liability resulting from you or any of your family owning or using:

  • lifts (other than stair lifts) motorised or mechanically propelled or assisted vehicles including go-karts, jet skis, Go-peds, scooters, children’s vehicles whether licensed for public road use or not (other than garden machinery and motorised or electric wheelchairs) or wind turbines; or
  • trailers, trailer tents, caravans, aircraft of any type or boats or water craft of any type (other than rowing boats).

Any liability resulting from any animal (except domestic cats and dogs).

Any liability for accidental death, disease, illness or physical injury to anyone caused by any dog described in Section 1 of the Dangerous Dogs Act 1991 or Article 3 of the Dangerous Dogs (Northern Ireland) Order 1991, which is owned by you or any of your family or for which you or they are legally responsible.

Any liability for accidental death, disease, illness or physical injury to anyone resulting from your or any of your family's participation in any sporting activity.

Any liability under an agreement, unless you or your family would have been liable anyway.

Any liability covered by any other policy.

Any damages, legal or other costs awarded by any court, tribunal or other body with no jurisdiction in the United Kingdom.

17b Your or your family's legal responsibility for damages and costs for:

  • accidental death, disease, illness or physical injury to anyone other than you or a member of your family;
  • accidental damage to physical property other than your property or that of a member of your family;

which occurs during the insurance period and for which you or they are legally responsible as an employer to any of your domestic employees.

A domestic employee is not regarded as a member of your family for the purposes of the cover provided under this paragraph 17b.

Any associated defence costs and expenses incurred with our written consent.

Any liability resulting directly or indirectly from you or any of your family being treated for or passing on any disease or virus.

Any liability resulting from you or any of your family’s employment, trade or business profession.

Any liability as an employer to anyone employed by you or any of your family in any trade, profession or business (other than as an employer of a domestic employee).

Any liability resulting from you or any of your family owning or using:

  • lifts (other than stair lifts) motorised or mechanically propelled or assisted vehicles including go-karts, jet skis, Go-peds, scooters, children’s vehicles whether licensed for public road use or not (other than garden machinery and motorised or electric wheelchairs) or wind turbines; or
  • trailers, trailer tents, caravans, aircraft of any type or boats or water craft of any type (other than rowing boats).

Any liability resulting from any animal (except domestic cats and dogs).

Any liability for accidental death, disease, illness or physical injury to anyone caused by any dog described in Section 1 of the Dangerous Dogs Act 1991 or Article 3 of the Dangerous Dogs (Northern Ireland) Order 1991, which is owned by you or any of your family or for which you or they are legally responsible.

Any liability under an agreement, unless you or your family would have been liable anyway.

Any liability covered by any other policy.

Any damages, legal or other costs awarded by any court, tribunal or other body with no jurisdiction in the United Kingdom.

 

We will cover you for:

We will not cover you for:

18 If you have told us that you are legally responsible as a tenant for loss or damage to your home, your legal responsibility for any loss or damage caused by any of the insured events listed in paragraphs 1 to 14 of buildings cover (and paragraph 17 of buildings cover if you have contents accidental damage under your policy).

The exclusions from cover listed in paragraphs 1 to 14 of buildings cover (and paragraph 17 of buildings cover if you have contents accidental damage under your policy).

 

We will cover you for:

We will not cover you for:

19 Loss of or damage to the food in the freezer(s) in your home caused by:

  • a rise or fall in temperature in the freezer(s); or
  • contamination by refrigerant or refrigerant fumes escaping.

Loss or damage caused by a deliberate cutting off or reduction in your power supply.

Loss or damage caused while your home is unoccupied.

 

If you have chosen to include accidental damage cover in return for the payment of an extra premium and this is shown on your policy schedule, we will cover you for:

We will not cover you for:

20 Accidental damage caused during the insurance period to contents in your home.

Loss or damage caused while your home is unoccupied.

Loss or damage caused by one of the insured events listed in paragraphs 1 to 12 of contents cover.  This may be covered under one of those paragraphs.

Loss or damage which occurs while any part of your home is let or lent to anyone who is not a member of your family.

Loss or damage caused by water entering your home regardless of how that happened.

Loss of or damage to clothing or contact lenses.

Loss or damage caused by domestic pets.

Loss of or damage to frozen food.

Loss or damage caused to electronic storage media, such as discs, records, diskettes or tapes.

The costs of replacing computer records and business books except for their value as stationery.

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Matching of Items Cover

Your policy schedule will show whether you are covered under matching of items cover for either your buildings, contents or both.

The general exclusions apply to any claim made under matching of items cover.

We will cover you for:

We will not cover you for:

The reasonable cost of replacing any undamaged parts which belong to a pair, set or suite but only if:

·        damage insured under your policy occurs to another part or area of that pair, set or suite; and

·        replacements cannot be matched or repair cannot be carried out satisfactorily.

The exclusions from cover listed in buildings cover and contents cover.

 

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Personal Belongings Cover

Your policy schedule will show whether you are covered under personal belongings cover.

You must pay all relevant excesses for any claim made under personal belongingscover.

The general exclusions apply to any claim made under personal belongingscover.

We will cover you for sudden and unexpected loss or damage caused during the insurance period to:

We will not cover you for:

Your or your family’s personal belongings when they are outside the boundaries of your home.

This will only include your or your family’s high risk items, money, sporting equipment or musical instruments when they are outside of the British Isles if they are at all times attended by you or your family, or left in hotel security, a safety deposit box, safe or similar locked fixed receptacle.

 

Loss of or damage to your or your family’s personal belongings outside of the British Isles for more than 60 days in any continuous period of 12 months.

Loss or damage caused by theft or attempted theft by deception.

Loss of or damage to personal belongings with or from a motor vehicle unless:

  • the vehicle has someone aged 16 or over in at the time; or
  • force and violence was used to get into the vehicle, all windows, doors and sunroofs were closed and locked (and the keys removed), the vehicle was damaged and the item was hidden from view in a locked boot, luggage or glove compartment.

Loss of or damage to contents in university halls of residence or rented student accommodation, belonging to you or a member of your family in full time further education.

Loss of or damage to sporting equipment or musical instruments whilst they are in use.

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Specified Items Cover

Your policy schedule will show whether you are covered under specified items cover.

You must pay all relevant excesses for any claim made under specified itemscover.

The general exclusions apply to any claim made under specified itemscover.

We will cover you for sudden and unexpected loss or damage caused during the insurance period to:

We will not cover you for:

Specified items inside and outside of your home by any of the insured events listed in paragraphs 1 to 14 of contents cover (and paragraph 20 of contents cover if you have contents accidental damage under your policy).

This will only include your or your family’s specified items when they are outside of the British Isles if they are at all times attended by you or your family, or left in hotel security, a safety deposit box, safe or similar locked fixed receptacle.

 

 

The exclusions from cover listed in paragraphs 1 to 14 of contents cover (and paragraph 20 of contents cover if you have contents accidental damage under your policy).

Loss of or damage to any specified item if you cannot produce at the time of a claim the original purchase receipt or a valuation which predates the date of the loss or damage.

Any specified item more specifically insured by another policy.

Loss or damage caused by water entering your home regardless of how this happened.

Loss or damage caused by theft or attempted theft by deception.

Loss of or damage to specified items with or from a motor vehicle unless:

  • the vehicle has someone aged 16 or over in at the time; or
  • force and violence was used to get into the vehicle, all windows, doors and sunroofs were closed and locked (and the keys removed), the vehicle was damaged and the item was hidden from view in a locked boot, luggage or glove compartment.

Loss of or damage to your or your family’s specified items outside of the British Isles for more than 60 days in any continuous period of 12 months.

Loss of or damage to a pedal cycle or accessories while that pedal cycle is being used for racing, pacemaking or trials.

Loss of a pedal cycle left unattended in a public place unless the pedal cycle is locked to a fixed structure.

Loss of or damage to any cycle which is motorised.

For stamp or coin collections:

  • more than 60% of the catalogue value for the loss of or damage to a collection, based on Stanley Gibbons (for stamps) and Seaby (for coins); or
  • more than 5% of the value specified for a collection for the loss of or damage to any single stamp or coin.

Loss of or damage to stamp or coin collections outside the British Isles.

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Mobile Phone Cover

Your policy schedule will show whether you are covered under mobile phone cover.

You must pay all relevant excesses for any claim made under mobile phone cover.

The general exclusions apply to any claim made under mobile phone cover.

We will cover you for sudden and unexpected loss or damage caused during the insurance period to:

We will not cover you for:

Your or your family's mobile phones.

 

If one of your or your family's mobile phones is stolen, the cost of calls made on the mobile phone between the time that it is stolen and the time that the theft is reported to the airtime supplier.

 

The cost of informing people of your new number.

Damage caused by any liquid.

Any mobile phone owned or purchased by your employer or the employer of one of your family.

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Credit Card Cover

Your policy schedule will show whether you are covered under credit card cover.

You must pay all relevant excesses for any claim made under credit cardcover.

The general exclusions apply to any claim made under credit cardcover.

We will cover you for:

We will not cover you for:

Loss for which you or any of your family is legally responsible caused by the use of a credit card without the cardholder's permission.

Loss caused by the illegal use of a credit cards by you or any of your family.

Loss caused by you or any of your family not complying with the card issuer's terms and conditions.

Loss caused by the use of a credit card which is wholly or partly held for trade, professional or business purposes.

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Home Emergency Cover

Yourpolicy schedule will show whether you are covered under home emergency cover.

The general exclusions apply to any claim made under home emergency cover.

This section provides assistance if you or any of your family have a home emergency and you phone the home emergency helpline. We will arrange to deal with the home emergency by choosing a qualified person to come to your home and carry out any repairs that are necessary as a result of that home emergency.

We will cover you for:

We will not cover you for:

Any home emergency caused by one of the following incidents:

  • plumbing problems related to leaking pipes, blocked drains or leaking radiators; or
  • blockages in toilet waste pipes; or
  • sudden and unforeseen roofing problems such as leaks or tiles blown off during a storm or bad weather; or
  • broken or damaged windows and doors presenting a security risk to your home; or
  • gas or electricity failure within your home; or
  • central heating or boiler failure;
  • hot water failure; or
  • vermin inside your private dwelling.

If you suffer a home emergency at your home caused by one of the above incidents, we will:

  • advise you how to protect yourself and your home immediately; and
  • organise call out, labour, parts and materials to carry out an emergency repair or, if at a similar expense, a permanent repair.

If your home becomes uninhabitable and remains so overnight as a result of a home emergency covered under this section, as long as we agree beforehand, we will pay for:

  • your and your family's overnight accommodation; and/or
  • transport to such accommodation.

Any incident arising from circumstances known to you before the start of the insurance period.

Any incident arising while your home is unoccupied.

Any incident arising from disconnection or interruption of mains services by the deliberate act of the utility company concerned or any equipment or services which are the responsibility or property of the utility company.

Any incident arising from a deliberate act of any public or local authority service.

Any incident arising from a deliberate act or omission, by you or any member of your family, in an attempt to make a false or fraudulent claim under this section.

Any incident arising from a defect, damage or failure caused by malicious or wilful action, negligence, misuse, third party interference or faulty workmanship, including any attempted repair or modification which does not comply with recognised industry standards.

Any incident which is covered by a maintenance agreement, guarantee or extended warranty contract.

Any incident arising from the failure of:

  • boilers or heating systems that have not been inspected or serviced by a qualified person within the preceding 12 months; or
  • boilers over 15 years old; or
  • LPG fuelled, oil fired, warm air, solar and un-vented heating systems or boilers with an output over 60 kw/hr; or
  • electricity supply to or failure of burglar/fire alarm systems, CCTV surveillance or swimming pools and their plumbing or filtration systems.

Damage to boundary walls, hedges, fences or gates.

Septic tanks, cesspits, guttering and downpipes.

Breakdown, loss of or damage to domestic appliances (including showers), saniflow toilets and other mechanical equipment.

Any incident where you did not contact us to arrange repairs.

Any incident arising from subsidence caused by bedding down of new structures.

Any leaking or dripping tap that requires re-washering or replacing, external overflows or replacement of cylinders, tanks, radiators and sanitary ware.

Any burst or leaking flexible hoses which can be isolated or leaking washing appliances.

De-scaling and any work arising from hard water scale deposits or from damage caused by aggressive water or sludge resulting from corrosion. Signs that work is needed may include a noisy boiler, sludged up pipes or poor circulation.

Replacement of light bulbs and fuses in plugs.

Lost keys for garages and outbuildings.

Any incident arising from damage caused by vermin outside your private dwelling, for example in garages and other outbuildings.

Loss or damage to contents however caused.

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Legal Expenses Cover

Your policy schedule will show whether you are covered under legal expenses cover.

Words With Special Meanings

Certain words have a special meaning.  These words appear in bold in the policy conditions.  The words defined in the Words We Use  section of the website and below apply to legal expenses cover.

Costs and expenses

 

Legal costs

All reasonable and necessary costs chargeable by the representative on a standard basis.

We also pay the costs incurred by opponents in civil cases if you or any of your family has been ordered to pay them, or pay them with our agreement.

Accountant’s costs

All reasonable and necessary costs chargeable by the representative.

Date of occurrence

 

 

For civil cases (except under insured incident 5, Tax Protection), the date of occurrence is the date of the event which may lead to a claim. If there is more than one event arising at the same time or from the same cause, the date of occurrence is the date of the first of these events.

For criminal cases, the date of occurrence is when you or any of your family began or is alleged to have begun to break the criminal law in question.

For full enquiries, the date of occurrence is when HM Revenue & Customs first notifies in writing the intention to make enquiries.

Full enquiry

 

An extensive examination by HM Revenue & Customs which considers all aspects of your or any of your family’s tax affairs, but not enquiries which are limited to one or more specific aspects of your or any of your family’s self assessment tax return.

Representative

 

The lawyer, accountant or other suitably qualified person, who has been appointed to act for you or any of your family in accordance with the terms of this section.

Territorial limit

For the insured incidents of contract disputes and bodily injury, this is the European Union, the Isle of Man, the Channel Islands, Albania, Andorra, Bosnia Herzegovina, Croatia, Gibraltar, Iceland, Liechtenstein, Macedonia, Monaco, Montenegro, Norway, San Marino, Serbia, Switzerland and Turkey (west of the Bosphorus).

For all other insured incidents, this is the British Isles.

 

We will cover you or any of your family for any of the following incidents:

We will not cover you or any of your family for any incident relating to:

Employment disputes

We will negotiate your or any of your family’s legal rights arising from your or their contract of employment for your or their work as an employee.

 

Self-employment.

Disciplinary hearings or internal grievance procedures.

Any claim relating solely to personal injury.

Contract disputes

We will negotiate the following:

  • your or any of your family’s legal rights in a contractual dispute arising from an agreement or an alleged agreement which you or they have entered into for:
    • the buying or hiring in of any goods or services; or
    • the selling of goods;
  • your legal rights in a contractual dispute or for the misrepresentation arising from an agreement or alleged agreement which you have entered into for the buying or selling of your home.

PROVIDED THAT:

  • you or the member of your family (as appropriate) entered into the agreement or alleged agreement during the insurance period; and
  • the amount in dispute is more than £100.

 

 

A contract regarding your or any of your family’s trade, profession, employment or any business venture.

Construction work on any land, or designing, converting or extending any building where the contract value exceeds £5,000 (including VAT).

A contract involving a motor vehicle.

The settlement payable under an insurance policy (we will negotiate if you or your family’s insurer refuses your or your family’s claim but not for a dispute over the amount of the claim).

A dispute arising from any loan, mortgage, pension, investment or borrowing.

 

Bodily injury

We will negotiate for your or any of your family’s rights in a claim against a party who causes the death of, or bodily injury to, you or your family.

 

Any illness or bodily injury which happens gradually or is not caused by a specific or sudden accident.

Defending your or any of your family’s legal rights, but defending a counter-claim is covered.

Deep Vein Thrombosis or its symptoms that result from you or any of your family travelling by air.

Property protection

We will negotiate for your or any of your family’s legal rights in a civil action and/or arrange mediation for a dispute relating to material property (including your home), which is owned by you or any of your family or for which you or any of your family is responsible, following:

  • any event which causes or could cause physical damage to such material property, provided that the amount in dispute is more than £100; or
  • a legal nuisance (meaning any unlawful interference with your or any of your family’s use or  enjoyment of your home, or some right over, or in connection with it); or
  • trespass.

You must pay the first £250 of any claim for legal nuisance or trespass. This is payable as soon as we accept the claim.

A contract entered into by you or any of your family.

Any building or land other than your home.

Someone legally taking your home from you, whether you are offered money or not, or restrictions or controls placed on your home by any government or public or local authorities unless the claim is for accidental physical damage.

Work done by any government or public or local authority unless the claim is for physical damage.

A motor vehicle owned or used by or hired or leased to you or any of your family.

Mining subsidence.

Defending any claim relating to an event that causes or could cause physical damage to material property, but defending a counter-claim is covered.

 

Tax protection

We will negotiate on your or on any of your family’s behalf and represent them in any appeal proceedings, in the event of a full enquiry into their personal tax affairs.

 

The tax affairs of a company or if you or your family are self-employed, a sole-trader, or in business partnership.

An investigation by the Special Compliance Office.

Jury service

We will pay your or any of your family’s salary or wages for the time that you or any of your family are off work while attending jury service for each half or whole day of such attendance, as far as they are not recoverable from the court or your or their employer. The amount we will pay is based on the following:

  • the time you or any of your family are off work, including the time it takes to travel to and from the court. We will work it out to the nearest half day, assuming that a whole day is 8 hours;
  • if you or any of your family work full time, the salary or wages for each whole day equals 1/250th of your or their yearly salary or wages
  • if you or any of your family work part-time, the salary or wages will be a proportion of your or their salary or wages.

Legal defence

We will defend your or any of your family’s legal rights if an event arising from your or their work as an employee leads to:

  • you or any of your family being prosecuted in a court of criminal jurisdiction; or
  • civil action being taken against you or any of your family under legislation for unlawful discrimination; or
  • civil action being taken against you or any of your family under Section 13 of the Data Protection Act 1998.

We will defend your and any of your family’s legal rights if an event leads to your or their prosecution for an offence connected with the use or driving of a motor vehicle.

 

Parking offences.

The use of a motor vehicle by you or any of your family for which you or they do not have valid motor insurance.

 

We will cover you and your family under legal expenses cover only if:

  • the date of occurrence of the insured incident is during the insurance period and within the territorial limit; and
  • any legal proceeding will be dealt with by a court or other body in the territorial limit and to which we agree; and
  • for civil claims, it is more likely than not that you or your family will recover damages (or obtain any other legal remedy to which we have agreed) or will make a successful defence.

We will only pay the legal costs and accountant’s costs charged by a representative appointed in line with the general conditions set out below.

For all insured incidents, we will help in appealing or defending an appeal as long as you or any your family tells us within the time limits allowed that you any of your family want us to appeal.  Before we pay costs and expenses for appeals, we must agree that it is always more likely than not that the appeal will be successful.

 

Exclusions

The general exclusions apply to any claim made under legal expenses cover. 

The following exclusions relate only to claims made under legal expenses cover.

We will not cover you or any of your family for:

  • any claim reported to us more than 180 days after you or any of your family should have known about the insured incident; or
  • any incident or matter arising before the start of your cover; or
  • any costs and expenses incurred before our written acceptance of a claim; or
  • fines, penalties, compensation or damages which you or any of your family are ordered to pay by a court or other authority; or
  • any insured incident intentionally brought about by you or any of your family; orany claim relating to you or any of your family’s alleged dishonesty or alleged violent behaviour; or
  • any claim relating to written or verbal remarks which damage you or any of your family’s reputation; or
  • a dispute with us not otherwise dealt with under condition 16; or
  • Judicial Review; or
  • any legal action you or any of your family takes which we or the representative have not agreed to, or where you or any of your family does anything that hinders us or the representative; or
  • a claim relating to a lease of land or buildings of less than 21 years, or a licence or tenancy of land or buildings. However, we do cover a dispute with a professional adviser in connection with the drafting of a lease, licence or tenancy agreement; or
  • any claims arising from your or any of your family’s business liabilities.

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General Conditions

You must keep to the following conditions.

1.  You or any of your family must:

  • keep to the terms and conditions of this section.
  • take reasonable steps to keep any amount we have to pay as low as possible.
  • try to prevent anything happening that may cause a claim.
  • send everything we ask for, in writing.
  • give us full details in writing of any claim as soon as possible and give us any information we need.

2. We can take over and conduct in your or any of your family’s name, any claim or legal proceedings at any time. We can negotiate any claim on your or their behalf.

3. You or any of your family are free to choose a representative (by sending us a suitably qualified person’s name and address) if:

  • we agree to start court proceedings and it becomes necessary for a lawyer to represent your or any of your family’s interests in those proceedings; or
  • there is a conflict of interest.

We may choose not to accept the choice of representative but only in exceptional circumstances. If there is a disagreement over the choice of a representative in these circumstances, you or your family may choose another suitably qualified person.

4. In all circumstances except those listed above in paragraph 3 above, we are free to choose a representative.

5. A   representative will be appointed by us to represent you or your family according to our standard terms of appointment. The representative must co-operate fully with us at all times.

6. We will have direct contact with the representative.

7. ou or any of your family must co-operate fully with us and the representative and must keep us up to date with the progress of the claim.

8. You or any of your family must give the representative any instructions that we require.

9. You or any of your family must tell us if anyone offers to settle a claim.

10. If you or any of your family do not accept a reasonable offer to settle a claim, we may refuse to pay any further costs and expenses.

11. We may decide to pay you or any of your family the amount of damages that you or they are claiming or is being claimed against you or them, instead of starting or continuing legal proceedings.

12. You or any of your family must tell the representative to have costs and expenses taxed, assessed or audited, if we ask for this.

13. You or any of your family must take every step to recover costs and expenses that we have to pay and must pay us any costs and expenses that are recovered.

14. If a representative refuses to continue acting for you or any of your family with good reason, or if you or any of your family dismiss a representative without good reason, the cover we provide will end at once, unless we agree to appoint another representative.

15. If you or any of your family settle a claim or you or any of your family withdraw a claim without our agreement, or do not give suitable instructions to a representative, the cover we provide will end at once and we will be entitled to reclaim any costs and expenses paid by us.

16. If we, you or any of your family disagree about the choice of a representative, or about the handling of a claim, we, you or any of your family can choose another suitably qualified person to decide the matter.  We, you or any of your family must both agree to the choice of this person in writing. Failing this, we will ask the president of a relevant national law society to choose a suitably qualified person. All costs of resolving the disagreement must be paid by the party whose choice is rejected.

17. We may at our discretion, require you or any of your family to obtain, at your expense, an opinion from a lawyer, accountant or other suitably qualified person chosen by you or any of your family and us, as to the merits of a claim or proceedings. If the chosen person’s opinion indicates that it is more likely than not you or your family member will recover damages (or obtain any other legal remedy that we have agreed to) or make a successful defence, we will pay the costs of obtaining the opinion.

18. We will not pay any claim covered under any other policy, or any claim that would have been covered by any other policy if this section did not exist.

19.All Acts of Parliament mentioned in this section include equivalent laws in Scotland, Northern Ireland, the Isle of Man and the Channel Islands as the case may be.

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Words with Special Meanings

Certain words on this page have a special meaning and appear in bold type. These special meanings are explained on the Words We Use page.

Words We Use