Policy Wording

PREAMBLE

In consideration of payment of the Premium and Insurance Premium Tax, the Insurer will, subject to the terms of this Policy, indemnify the Insured in respect of Loss occurring during the Period of Insurance. This Policy is provided on the understanding that full disclosure of all material facts has been made by or on behalf of the Insured, whether or not requested. This Policy and any endorsement issued in respect of it are one contract and shall be read together.

COVER

The Insurer shall indemnify the Insured in respect of Loss sustained by the Insured arising solely and directly out of a contribution being demanded in respect of Chancel Repair Liability

MORTGAGEES PROTECTION

The Insurer shall not avoid liability to any mortgagee of the Insured under this Policy for claims resulting from or as a result of any act, omission or misrepresentation committed or made by any other party unless such party acted on behalf of the Insured or with the knowledge or consent of the Insured or the Insured claiming protection under this clause had knowledge of the act, omission or misrepresentation prior to the Inception Date.

DEFINITIONS

Where a word is defined below or in the Schedule it shall carry the same meaning wherever it appears in bold text in this Policy.

Insured

any private individual as owner/occupiers of the Property and the Insured's successor in title including any mortgagee all of whom shall be bound by the terms of this Policy

Insurer

Hardy Conveyancing Insurances underwritten by Syndicate 382 at Lloyd's

Loss

  1. costs and expenses solely and directly resulting from any liability of the Insured for Chancel Repair Liability
  2. all other costs and expenses incurred with the prior written consent of the Insurer
  3. costs and expenses incurred by the Insured with the prior written consent of the Insurer in taking or defending any action at law or otherwise

Mortgagee

any financial institution which has a mortgage secured on the Property on or after the Inception Date

Chancel Repair Liability

The Property is/may be subject to a liability to bear part of the cost of repairing that area of the parish church defined as the Chancel from time to time

EXCLUSIONS

  1. The Insurer shall not be liable to indemnify the Insured in respect of:
    1. any Property being zoned other than for residential purposes and with grounds of more than 2 acres in total.
    2. any Property being located other than in England and Wales
    3. loss, injury, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any act or terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss. For the purpose of this endorsement an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear.
    4. any loss as a result of any damage to the church otherwise recoverable under a material damage buildings insurance Policy
  2. The Insurers shall not be liable in respect of any repairs necessary to any area of the church other than the area of the Chancel.
  3. The liability of the Insurers shall cease upon the Insured no longer having an interest in the Property and Insurers will not be liable in respect of any claim made or initiated after this date.

CONDITIONS

  1. It is a condition precedent to the Insurer's liability that the Insured shall not:
    1. reconstruct, alter or extend the Property or using the Property other than in accordance with the Insured Use after the Inception Date
    2. disclose the existence of this Policy, other than to prospective purchasers, their mortgagees and legal representatives without the prior written consent of the Insurer
  2. It is a condition precedent to Insurer's liability under this Policy that:-
    1. the Insured has no knowledge at Inception Date of any approach from anybody seeking the Property appearing on any formal register or payment or contribution in respect of Chancel Repair Liability
    2. has not previously carried out or obtained any form of previous search in respect of Chancel Repair Liability
  3. The due observance and fulfilment of the terms of this Policy so far as they relate to anything to be done or complied with by the Insured are conditions precedent to any liability of the Insurer with any payment under this Policy.
  4. This Policy shall be governed by and construed in accordance with the law of England and Wales.
  5. The total liability of the Insurer in respect of all claims made under this Policy will not exceed the Total Aggregate Limit of Indemnity irrespective of the adequacy of the limits.
  6. The Insured must give written notice to the Insurer, as soon as reasonably practicable, of any circumstances likely to give rise to a claim for which there may be liability under this Policy and provide them with such information and documentation as they may reasonably require.
  1. The Insured must by prior agreement with and at the expense of the Insurer, do and permit to be done all things reasonably practicable to minimise Loss.
  2. The Insured must not make any admission of liability, offer, promise or payment or incur any costs or expenses without the prior written consent of the Insurer.
  3. If any difference arises as to the amount to be paid under this Policy (liability being otherwise admitted) such difference shall be referred to an arbitrator to be appointed by the parties in accordance with the relevant statutory provisions in force at the time. Where referral to arbitration is made under this Condition, the making of an award shall be a condition precedent to any right of action against the Insurer.
  4. If at the time of Loss resulting in a claim under this Policy there is any other insurance in force, covering such loss or any part of it, the liability of the Insurer under this Policy shall be limited to its rateable proportion of such Loss.
  5. If the Insured shall make any claim knowing the same to be false or fraudulent as regards amount or otherwise, this Policy shall become voidable and all claim hereunder shall be forfeited.
  6. For the purposes of this Policy, if written consent for any action to be taken by the Insured is granted by BJIC Ltd, it shall be deemed to be the consent of the Insurer.
  7. The due observance and fulfilment of the terms and conditions of this Policy and the truth of the representations made by the Insured shall be a condition precedent to Insurers liability to make any payment under this Policy to the original Insured.
  8. The existence of the Policy shall not be disclosed to any third party other than bona fide purchasers (and their mortgagees) without the prior written consent of the Insurer via BJIC Ltd

CANCELLATION

If you decide you do not want the policy, please tell us within 14 days of receiving the policy. We may, at our discretion, charge for the time that you have been on cover, including Insurance Premium Tax. Any refund will be made to the party who paid the premium.

If you do cancel, you may be in breach of the terms of your mortgage or the terms of the contract for the sale of the Property. If you are in doubt, you should seek legal advice prior to cancellation.

MAKING A CLAIM

Please write with details of any circumstances likely to give rise to a claim under this Policy to the Insurer's administrative agent for this policy:

BJIC Ltd
1-3 Linkfield Corner
Redhill
RH1 1BL
Telephone: 01737 231510

enclosing a copy of the Policy

COMPLAINTS PROCEDURE

We aim to provide an excellent service. If you have any cause for complaint you should, in the first instance, contact us at:

The Compliance Officer,
BJIC Ltd
1-3 Linkfield Corner
Redhill
Surrey
RHI 1BL
Telephone: 01737 231510

Please quote the details of the policy (surname and initials, policy number, property address etc).

If the matter is not resolved to your satisfaction, please write to the Insurer at:

Hardy Conveyancing Insurances
4th Floor
40 Lime Street
London
EC3M 7AW

If you are still not satisfied with the way a complaint has been dealt with you may ask the Financial Ombudsman Service to review your case without prejudice to your rights in law.

Financial Ombudsman Service
South Quay Plaza
183 Marsh Wall
Docklands
London
E14 9SR
Telephone: 0845 080 1800
complaint.info@financial-ombudsman.org.uk

The Financial Ombudsman Service will handle most complaints which you may have concerning a contract of personal insurance. There are, however, some circumstances under which the FOS is not empowered to consider complaints.

HOW WE WILL USE YOUR DATA

BJIC Ltd holds data in accordance with the Data Protection Act 1998 acting as agent for Hardy Conveyancing Insurances. It may be necessary for us to pass data to other organisations that supply products and services associated with this contract of insurance. In order to verify information and to prevent and detect fraud, we may share information you give us with other organisations and public bodies, who access and update various databases, including those held by the Police. If you give us false or inaccurate information and we suspect fraud, we will record this and the information will be available to other organisations that have access to the database(s). We can supply details of the databases we access or to which we contribute, on request.

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BJIC Ltd