In light of the disturbances that have taken place in a number of major city centres across the country over the past few days, Insurers are issuing the following guidance notes which we hope you will find useful.
If you have suffered a loss as a result of the current situation or have cause to think you may be affected in some way, please consider the notes below to help ensure that any potential material damage claim is not invalidated by the delays.
It is important that policyholders who have been affected by the current situation, or feel that they may have a claim arising from these disturbances, notify insurers of any potential claims within 7 days of the relevant incident. You should do this through your normal claim notification procedures.
Provisions under the Riot Damages Act 1886
The current definition of a riot is codified in the Public Order Act 1986. The essential points are:
- 12 or more persons must be present together and use or threaten unlawful violence for a common purpose and the conduct of them (taken together) must be such as would cause a person of reasonable firmness present at the scene to fear for his personal safety
- It is not necessary for the Claimant to show intent to use force to resist such opposition
- It is not necessary for anyone to be present and actually harmed
The local police authority has a legal responsibility under the Riot Damages Act 1886 to reimburse persons who sustain damage to property as the result of a riot. The wording of the statute is explicit, in that any claim under the Act must “be made in writing and received by the local police authority within 14 days of the alleged incident”.
However, policyholders are reminded that included within the Claims Notification Clause, a requirement for any claim for riot and/or civil commotion to be notified to Insurers immediately with full supporting documentation within 7 days of the incident occurring, specifically to prevent a recovery action being turned down by the police authority on the basis that the action is time barred. Insurance Company's are entitled to recover their outlays under the principle of subrogation.
