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LEGAL & GUIDANCE | ada gazette SPRING 2014


IN BRIEF: • ISO 55000/1/2 Asset Management standards launched. The new international standard provides an overview of asset management and asset management systems. It is intended for those involved in the establishment,


Q & A: Making an insurance claim from the recent storm and fl ooding events


implementation,


maintenance and improvement of an asset management system; as well as those involved in planning, design, implementation and review of asset management activities, along with service providers. http://shop. bsigroup.com


• Protocol for the Maintenance of FCRM Assets.The Environment Agency’s Protocol for the Maintenance of FCRM Assets (England Only) - Version 2 documents have now been published. This version replaces the one that has been available since December 2011. The Asset Maintenance Protocol has been updated to refl ect recent changes to the Environment Agency’s approach, which prioritises the investment of public money where the risk of fl ooding, risk to life and economic damage are greatest. At some locations, the fi nancial cost of maintaining an asset outweighs the benefi ts provided by their work and so further investment in some previously carried out activities may not be justifi ed. The documents are available for download at www.environment-agency.gov.uk/ research/policy/135650.aspx


• SuDS Update. Defra Minister Dan Rogerson (below) announced on Monday 6 January that “regrettably, it is looking increasingl y unlikely that we will be in a position to ensure that the scheme comes


into force SuDS this (Sustainable


With the recent extreme weather events it is estimated that over 5,800 properties have been fl ooded. Insurers have paid out £14 million to home owners since 23 December, and it is estimated that a further £1bn will be paid to fl ood victims. The fl ooding has devastated the homes of a


wide range of people: young, old, families; and some may not know how to correctly claim back on their insurance. The following guidance should help those persons unclear of what to do next:


What are the fi rst steps once I have been aff ected? Insurers advise that the victim should contact


their insurance company as soon as possible, with most insurers off ering a 24 hour emergency helpline.


There is signifi cant damage to my property, can I arrange for repair work to be done? Any serious damage should be inspected as


soon as possible, as to prevent further damage and but also to protect those living in the household or property. If the damage is serious enough then your insurance company will appoint a loss adjuster, who is independent from – but paid for by – the insurance company, who will assess the damage and construct a timetable for repair work and will tell you who will be doing it. [Note: If you choose to assign your own loss


adjuster, you will be liable for the costs of the adjuster, so check the charges before proceeding.] If work needs


to be carried out immediately to stop further damage occurring,


then


you may proceed to undertake the appropriate repair work. However, make sure you keep your receipts, and taking photos throughout the procedure is also advised.


April,


which was our preferred date for implementation as stated previously”. Defra remains committed to implementing


Drainage Systems) legislation and will be laying the relevant secondary legislation in Parliament by April 2014. As soon as Defra can confirm the commencement date all stakeholders will be notified. The policy ‘commencement’ date, which is the date that the policy will come into effect, will be announced in advance of


laying the secondary agreements


What insurance coverage do I have? Although policy are


legislation,


giving the certainty required for stakeholders to finalise their preparation arrangements to undertake their duties. A consultation document on charging mechanisms for funding long-term SuDS maintenance is being prepared. Defra has previously stated that it aims to begin this consultation in March.


16


diff erent, the majority of household, business and comprehensive motor policies cover both fl ood and storm damage; but check your agreement. You may need to move out of the property temporarily if the damage is serious – this may be up to a year, depending on the severity – and most policies will cover the cost up to a specifi ed amount (check your policy agreement). Typically you can


SAM EDWARDS


spend up to 20% of the total insured value to cover alternative accommodation and heating costs.  Building insurance: covers drying, cleaning, repairing and restoring the home by the insurer.


 Contents insurance: covers drying, cleaning and restoring possessions, or replacing/ paying for any items that are so badly damaged that they cannot be cleaned or repaired by the insurers.


 Comprehensive motor insurance: covers damage to your vehicle, but third party, fi re and theft cover does not include damage from storms or fl oods. [Note: If your vehicle is damaged by something such as a falling roof tile, to be able to claim against the homeowner you would need to show that they were legally liable or negligent.]


My property is fl ooded and/or damaged so residents need to be evacuated. What do I do? Your insurer should off er to provide or pay for


the cost of appropriate alternative accommodation, as well as the cost of resulting expenses such as the removal and storage of undamaged property.


We would suggest that you visit www.abi.org. uk/Insurance-and-savings/Topics-and-issues/ Flooding for further advice and also to contact your insurance company for clarifi cation.


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