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."