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Residential
Let Care
Policy |
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Underwritten by:
Groupama Insurance Company Limited, Groupama House, 24-26 Minories, London, EC3N 1DE
The Coverholder:
Composite Legal Expenses Ltd, Suffolk House, Trade Street, Cardiff, CF10 5DT |
Policy No: <%response.write rsPolicies("policynumber")%> |
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Date of issue: <%response.write authoriseddate%> |
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Important Notice
All potential claims must initially be reported to the Legal Helpline Service, which operates 24 hours a day, 365 days a year. The claims telephone number is 0871 423 5244. This is a Claims Made Policy. It only covers claims notified to the coverholder during the Period of Insurance. You must notify us within 30 days of any circumstance which may give rise to any claim. Failure to do so could lead us to decline a claim for indemnity arising from such circumstances.
1. Consideration and insurance
1.1 The Insured named in the schedule (the Insured) having made to the underwriters the proposal and declaration which shall be the basis of this contract and be deemed to be incorporated in this policy and having paid or agreed to pay the premium stated in the schedule the underwriter will, subject to the terms, limits and conditions of the policy (compliance with such conditions being deemed a condition precedent to the liability of the underwriter), indemnify the Insured up to the Limit of Indemnity in respect of any Insured Event occurring within the Territorial Limits set out in the schedule during the Period of Insurance in connection with the Tenancy Agreement in respect of which legal proceedings are conducted within the Territorial Limits.
Definitions
The Underwriters Groupama Insurance Company Limited, Groupama House, 24 – 26 Minories, London, EC3N 1DE
The Coverholder Composite Legal Expenses Limited, Suffolk House, Trade Street, Cardiff, CF10 5DT who is authorised by the Underwriters to issue Certificates of Insurance.
The Managing Agents
The agents authorised by the Underwriters or the Coverholder to issue Certificates of Insurance
The Insured The individual(s) or company entitled to the reversion immediately expectant upon the term granted by the Tenancy Agreement(s) referred to in the Certificate of Insurance.
The Property The property or properties referred to in the Schedule.
The Appointed Solicitor The solicitor appointed under the provisions of General Condition 3.
Legal Expenses and Costs The Appointed Solicitors reasonable and proper legal fees and disbursements and the Tenants legal costs payable by the Insured pursuant to an order of the court or pursuant to the terms of a settlement approved in writing by the Underwriters or Coverholder
Period of Insurance
The period during which the Policy shall be in force and which is specified on the Schedule.
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Tenancy Agreement
A Tenancy Agreement in writing made between the Insured and the Tenant which is an Assured Shorthold Tenancy Agreement within the meaning of the Housing Acts 1988 and 1996 or a Short Assured Tenancy or a Assured Tenancy as defined in the Housing (Scotland) Act 1988 or any re-enactments or amendments thereof or a Tenancy Agreement in which the Tenant is a limited company. In Northern Ireland the Agreement between the Insured and the Tenant to let the Property must not be a Protected Tenancy or a Statutory Tenancy within the meaning of the Rent (NI) Order 1978 nor a Protected Shorthold Tenancy within the meaning of Housing (NI) Order 1983 (and any re-enactments thereof) or a Tenancy Agreement in which the Tenant is a limited company or a Tenancy Agreement or Lease of commercial premises.
Insured Event
A breach by the Tenant of any of his obligations under the Tenancy Agreement.
The Tenant
The individual(s) or company entitled to the tenancy of the Property.
The Excess
The sum payable by the Insured in respect of each claim.
The Deposit
The sum paid by the Tenant to the Insured or the Managing Agent pursuant to the terms of the Tenancy Agreement for the purpose of providing the Insured with an indemnity or partial indemnity against losses arising from the Tenants breach of any of the terms of the Tenancy Agreement.
1.Cover
1.1 The Underwriters hereby agree subject to the conditions and exclusions contained in this Policy to indemnify the Insured up to the Limit of Indemnity for
1.1.1 Legal Costs and Expenses of the Appointed Solicitor incurred in respect of an Insured Event. 1.1.2 Legal Costs and Expenses of the Appointed Solicitor incurred in evicting anyone in the Property without the Insureds permission. 1.1.3 Legal Costs and Expenses incurred by the Insured in respect of any act or omission or alleged act or omission of the Insured arising out of the Insureds ownership or management of the Property which leads to; 1.1.3.1 Prosecution in a Court of criminal jurisdiction or 1.1.3.2 The service of a notice imposing obligations or restrictions upon the Insured under the environmental or health and safety legislation in defending civil or criminal proceedings, or appealing or defending an appeal against either conviction, sentence or judgement of the relevant Court, Tribunal or Arbitrator, or the imposition of terms of notice specified in this clause provided that the total Legal Costs and Expenses payable by the Underwriters in any one period of insurance shall not exceed the annual limit of indemnity stated in the Schedule or in respect of any Period of Insurance which is less than one year the pro rata proportion of such annual limit.
1.2 Limit of Indemnity
The Indemnity in respect of the aggregate of all claims made during the Period of Insurance shall not exceed the sum specified in the Schedule.
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General Conditions
1. References
The Insured must obtain a satisfactory credit reference on the Tenant prior to granting a Tenancy.
2. Presentation of Claim
When presenting a claim under this Policy the Insured must give the Coverholder or the Appointed Solicitor full written details of the Insured Event and provide such proofs, supporting evidence and other information as the Coverholder or the Appointed Solicitor may require.
3. Representation
3.1 The Underwriters and Coverholder reserve the right through their Agents or Solicitors to take over and conduct in the name of the Insured the prosecution, pursuit or defence or settlement of any claim or proceedings save in the event of any conflict of interest arising between the interest of the Insurer and the Insured in which event the Insured shall be free to choose a Solicitor of his own to serve his own interest subject to such Solicitor accepting the Coverholders terms of retainer.
3.2 When presenting a claim the Insured shall notify the Coverholder of the Solicitor whom he wishes to act for him and the Underwriters or Coverholder will accept the Insureds nomination provided the nominated Solicitor accepts in writing the Coverholders terms of retainer including terms as to the Solicitors remuneration. If the Solicitor cannot agree the Coverholders terms of retainer the Insured may nominate an alternative Solicitor but if the terms of retainer cannot be agreed with the alternative Solicitor the cover shall cease unless the Insured will permit a Solicitor nominated by the Coverholder to act for him.
4. The Insured must not do or omit to do anything which in the reasonable opinion of the Underwriters/Coverholder may prejudice the Underwriters position and in particular the Insured must not negotiate with the Tenant and must inform the appointed Solicitor immediately of any offer or payment tendered by the Tenant. In no circumstances should the Insured accept any such offer or payment or bank any cheque tendered by the Tenant without having first obtained the Appointed Solicitors approval in writing.
5. The Insured will inform the Underwriter/ Coverholder in writing of the allocation of the Deposit and no deductions may be made from the deposit without the approval of the Underwriter/Coverholder. The balance of the deposit after such approved deductions will be applied to reduce arrears of rent which the Insured may be entitled to claim from the Underwriter under the terms of this Policy. Such monies may not be utilised to discharge the Insureds liabilities in respect of the Excess under this Policy.
6. The Underwriters and/or the Coverholder shall be entitled to; (i) Make enquiries into the Insured Event and if they consider it appropriate enter into negotiations with a view to settling the claim before litigation. Such enquiries and negotiations may be carried out by experts employed by the Underwriters or the Coverholder or by an appropriate independent organisation to whom the Underwriters or Coverholder shall have referred the claim.
(ii) Discontinue or reject the claim if the Appointed Solicitor advises that there are no reasonable prospects for success.
The insured must
(i) Fully co-operate with the Appointed Solicitor and promptly reply to correspondence (ii) Heed the advice of the Appointed Solicitor. (iii) Attend all Court hearings if required to do so by the Appointed Solicitor (iv) Provide the Appointed Solicitor with all information evidence and documents which he may reasonably require. (v) not breach any of the conditions of the Tenancy Agreement(s) or Legal Charge affecting the Property.
(vi) Co-operate fully with the Appointed Solicitor in connection with any proceedings which may be necessary to recover any costs from a third party. (vii) Accept within one month any settlement offered if so advised by the Appointed Solicitor.
Exclusions
The Underwriter will not indemnify the Insured in respect of; (i) A claim made by the Insured in respect of an Insured Event arising more than two months after the same occurred or ought reasonably have come to the knowledge of the Insured. (ii) Legal costs and expenses incurred prior to the Underwriter/Coverholders acceptance of the claim.
(iii) An Insured Event reported to the Insurer outside the Period of Insurance.
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(iv) An Insured Event arising out of a Tenancy Agreement which is not comprised within the definition of Tenancy Agreement in this Policy.
(v) Fines, penalties, compensation or damages which the Insured or any other person insured under this Policy is ordered to pay by the relevant Court, Tribunal or Arbitrator
(vi) An Insured Event which occurred prior to the Period of Insurance or of which the Insured knew or ought to have known prior to the commencement of the Period of Insurance was likely to arise during the Period of Insurance. (vii) The defence of dilapidation claims which fall to be determined by way of the Small Claims Procedure in the County Court with respect to property situate in England, Wales or Northern Ireland or in Scotland the small claims procedure in the Sheriff Court.
(viii) The Policy Excess (ix) The Tenants compensation payable by the Insured pursuant to an Order of the Court or pursuant to the terms of any settlement approved in writing by the Underwriters or Coverholder (x) Interest on rent or service charges payable by the Tenant.
(xi) Any rent payable after the Insured shall have recovered vacant possession. (xii) Legal costs and Expenses in excess of those agreed by the Coverholder
(xiii) A claim arising out of any deliberate act or omission of the Insured or as a result of the Insureds dishonesty.
(xiv) Proceedings for judicial review
(xv) A claim by the Insured against the Underwriters or Coverholder
(xvi) Claims arising out of subsidence, mining, actual or proposed works by any public or local authority. (xvii) Libel slander or malicious falsehood (xviii) The Tenancy Agreement having been granted without first obtaining any requisite consent or licence.
(xix) A claim for damage or loss of fixtures and fittings furniture or equipment not referred to in an existing Inventory signed by the Tenant prior to or at the commencement of the Tenancy Agreement or which relates to a claim of less than £1,000.00. (xx) A claim in relation to payment or non payment of service charges.
(xxi) An Insured Event which occurs in the first 90 days of the first Period of Insurance where the Tenancy Agreement commenced before the Policy started.
(xxii) Any Legal Costs and Expenses incurred arising out of rent registration or reviews, purchasing the freehold of the Property, rent tribunals, land tribunals or rate tribunals unless defending action bought against the Insured by the Tenant. (xxiii) Any claim caused by contributed to by or arising from: Ionising radiation or contamination by radioactivity form any nuclear fuel or from any nuclear waste from burning nuclear fuel, the radioactive, toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear part of it: war, invasion, foreign enemy hostilities (whether war is declared or not), civil war, rebellion, revolution, military force or coup; pressure waves caused by aircraft or any other airborne devices travelling at sonic or supersonic speeds. (xxiv) Any Legal Costs and Expenses arising out of settlement of an insurance claim.
Prospects of Success
The Underwriters shall accept a claim if it is covered under this policy and if it offers reasonable prospects for the recovery of damages or other remedy or for a successful defence. The Underwriters may discontinue indemnity if during the course of the claim they consider that such prospects no longer exist. If the Underwriters either refuse to accept or discontinue a claim they shall inform the Insured of their reasons which, subject to the provisions of the clause as to Differences below, shall be final.
Payment of Costs
All accounts for Legal Costs and Expenses and attendance expenses payable under this policy shall be submitted to the Underwriters immediately.
Recovery
The Insured shall take, at the Underwriters expense, every available step to recover from third parties Legal Costs and Expenses payable under this policy and such Legal Costs and Expenses shall be paid to the Underwriters.
Alteration of risk
The Insured shall notify the Underwriters immediately of any alteration in risk which materially affects this insurance.
Contribution
If at the time of any occurrence or claim there is or but for the existence of this policy would be any other policy of indemnity or insurance in favour of or effected by or on behalf of the Insured applicable to such occurrence or claim the Underwriters shall not be |
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liable under this policy to indemnify the Insured in respect of such occurrence or claim except beyond the amount which would be payable under such indemnity or insurance had this policy not been effected.
Cancellation
We hope you are happy with the cover this policy provides. However, You have the right to cancel it within 14 days of inception of the policy, without giving any reasons. Cancellation must be in writing to us at Composite Legal Expenses, Suffolk House, Trade Street, Cardiff CF10 5DT. The Insurer may cancel the policy at any time by sending 30 days written notice by recorded delivery post and in such event the Insured shall be entitled to a return of a proportionate part of the premium corresponding to the unexpired Period of Insurance.
Such cancellation shall not prejudice the rights of the Insured, or any other person insured by this policy, in respect of any Insured Event occurring prior to the date of cancellation.
Adjustment of provisional premium
1. If the premium has been calculated on estimates given by the Insured, the Insured shall keep an accurate record containing all relevant particulars which shall be available to the Underwriters for inspection.
2. Within one month of expiry of each period of insurance the Insured shall supply to the Insurer an accurate statement in the form required so that the premium for that period can be calculated and the difference paid by or allowed to the Insured subject to the Underwriters retaining any minimum premium specified in the policy.
3. Should the Insured fail to supply such a statement within one month of the expiry of the Period of Insurance the Underwriters shall be entitled if it so wishes to charge an additional premium in respect of that Period of Insurance.
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Applicable law
Where the Property is situate in England or Wales the Law applicable to this Policy shall be English Law and the parties hereto submit to the jurisdiction of the English Courts. Where the Property is situate in Scotland the Law applicable to this Policy shall be Scottish Law and the parties hereto submit to the jurisdiction of the Scottish Courts.
Where the Property is situate in Northern Ireland the Law applicable to this Policy shall be Northern Irish Law and the parties hereto submit to the jurisdiction of the Northern Irish Courts.
Differences
If any difference shall arise out of this policy between the Underwriters or Coverholder and the Insured under this policy, such difference or differences may be referred to arbitration and any award arising from such arbitration shall be final and binding upon the Underwriters, Coverholder and the Insured.

Signed By Managing Director
Composite Legal Expenses Limited
Complaints Procedure
In the event of a complaint arising under this Insurance, you should in the first instance write to:
The Managing Director, Composite Legal Expenses Ltd, Suffolk House, Trade Street, Cardiff CF10 5DT.
If the matter remains unresolved thereafter you can then write to the
Insurers at:
Groupama Insurance Company Limited, Groupama House, 24-26 Minories, London EC3N 1DE quoting the policy number and where the insurance was purchased.
Finally, if the matter still remains unresolved once the above have been contacted, you can, subject to qualifying criteria, approach
The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR. Tel: 0845 080180.
Groupama Insurance Company Limited is authorised and regulated by the Financial Services Authority and is a member of the Association of British Insurers (ABI).
You may be entitled to compensation from the Financial Services Compensation Scheme in the event that the insurer is unable to meet its liabilities.
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