Flint Bishop

Minimise your risks to avoid material damage caused by civil unrest

As the civil unrest spreads to more town and cities across the UK, many businesses and homes have been left counting the cost of damage done by fire, theft or general malicious damage. 

If you have been unfortunate enough to be caught up in these events you need to act quickly to ensure that any potential material damage claim is not invalidated by the slightest of delays, says Paul Brown, managing director of leading Midlands insurance broker Franklands:

"The local police authority has a legal responsibility to reimburse persons who sustain damage to property as the result of a riot under the Riot Damages Act 1886. 

"However, 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.

"Insurers are entitled to recover their outlays under the principle of subrogation, but to prevent a recovery action being turned down by the police authority, on the basis that the action is time barred, Insurers typically include within the Claims Notification Clause of the policy a requirement for any claim for riot and/or civil commotion to be notified to Insurers immediately and with full supporting documentation within seven days of the incident occurring. 

"Policyholders should not only notify Insurers immediately of any damage but must also quantify and substantiate their losses within a week of the incident occurring. 

"Whilst the Act does provide for an application to be made to request an extension, the decision to provide this rests with the local police authority alone. 

"We would anticipate that in the face of central government cuts that any police authority would look to resist any such applications as the time limits here provide a straightforward loophole for them to use to keep payments to a minimum.

"If you have concerns that your property, or business, may be at risk over the coming days there are steps you can take to help you minimise the risk of damage from riots and/or subsequent looting.

"Keep up-to-date with developments in your area  - use the internet, text news alerts and police information and respond to advice from the authorities as appropriate. 

"Carry out an audit of your security to ensure that your premises are adequately protected. Pay particular attention to ground floor and basement level, but not forgetting windows, emergency escape doors and roof-lights accessible from external fire escape staircases, scaffolding and roofs of adjoining buildings. 

"If your buildings are already fitted with security grilles or shutters, make sure they are in working order and put into place when leaving the premises. If you don't have shutters to protect vulnerable glazing, consider temporary boarding. 

Remove valuable items from inside shop-front displays or which are close to ground floor windows. Put small high value items in your safe, if you have one and consider what larger items may be safely removed during periods of unrest. 

The safety of your employees and customers must be your priority. Make sure you have suitable emergency plans that cover periods when civil disorder is possible to avoid staff being on the premises or travelling to/from them during periods of danger. 

Have a robust emergency contact procedure including home and mobile phone numbers for staff. Keep this information secure and remember your Data Protection obligations. 

If you do decide to temporarily close for business, give affected employees as much notice as possible to avoid them from making unnecessary journeys and putting themselves at risk. If you do send staff home during a period of disorder, discuss arrangements to get them home safely. 

Review your Business Continuity Plan (Disaster Recovery Plan) and ensure you have two up-to-date copies of your computer data stored securely away from the premises. 

Make sure you have contingency plans in place so that you are prepared in the event of building damage and for any emergency repairs such as boarding-up and clean-up operations.

Be particularly aware of any suspicious activity and maintain tight control over any entrances or exits to your property. A lot of damage has been caused by arson, so avoid leaving combustibles and waste materials in the vicinity of your premises.

As always, if you have any queries, or need individual recommendations, you should contact your broker as a matter of urgency."

 

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Article published by Midlands Business News on 17 August, 2011

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