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View Full Version : Surely the MOD or whoever carries insurance on their properties


NutLoose
9th Feb 2024, 13:58
That should cover damage to those renting them.

https://www.forces.net/military-life/families/royal-navy-couple-say-they-were-plunged-debt-after-ceiling-collapsed-their

papabravowhiskey
9th Feb 2024, 14:12
I think that the UK State tends to "self-insure" rather than have insurance policies ...

PostMeHappy
9th Feb 2024, 14:18
When you live in SFA you sign a ‘Licence To Occupy’ which actually means you are not a tenant as 99.9%of us would believe….thems are the rules sadly

You should take the appropriate insurance policy as a normal home/contents may not cover….and plenty of companies offer those ‘MoD-specific’ policy…you MAY be liable for some house damage….

ORAC
9th Feb 2024, 14:31
The government/MOD don’t carry insurance, they’re big enough to cover the risk themselves rather than pay someone else a premium to do so. (Link 1)

Sort of like how, if you had enough money, you didn’t have to pay for car insurance, just have a deposit with the Supreme Court… (Link 2 - section 144(1))*

https://assets.publishing.service.gov.uk/media/605b29388fa8f545de89ee65/202001231-Response_FOI2020_00235_redacted.pdf

https://www.legislation.gov.uk/ukpga/1988/52/part/VI/crossheading/compulsory-insurance-or-security-against-thirdparty-risks/enacted

* That loophole was repealed by means of a Statutory Instrument in 2019)

Abrahn
9th Feb 2024, 14:33
When you live in SFA you sign a ‘Licence To Occupy’ which actually means you are not a tenant as 99.9%of us would believe

I can't immediately think of anything in a licence to occupy as opposed to a tenancy that would exclude the MoD from liability for negligence by their agents. General Crown immunity from tort ended about a century ago.

SLXOwft
9th Feb 2024, 14:49
The sailor's wife says they aren't claiming on their own insurance because of fear of raised premiums in future when not at fault.
1) Have they discussed this with their insurer and confirmed their premium will be affected?
2) Presumably the insurer would attempt to recover their costs from the negligent party (Vivo or DIO) - clearly as repairs had been attempted the couple had reported the defect?
3) Did they include (often optional) legal insurance in their policy?


0605. Insurance. Licensees are strongly recommended to arrange insurance for:

a. Their potential liability to DIO Accommodation up to a maximum of £20,000. As
personnel occupy Service Family Accommodation & Substitute Service Family
Accommodation under a Service Licence to Occupy agreement (known as a
Licence to Occupy) they are not classed as a tenant and, therefore, standard home
insurance policies do not cover the potential liability. The Services Insurance &
Investment Advisory Panel (SIIAP) has provided a web page detailing a number of
insurance providers who can organise policies that have been designed specifically
for SFA occupants. The web page can be found at www.siiap.org/l2o or here for the
SIIAP home page www.siiap.org/home.

b. Their personal property and that of any spouse/civil partner or child(ren).

c. Their liability to third parties in respect to injury to them and damage to their
property.

Saintsman
9th Feb 2024, 15:56
£10ks worth of damage and they don’t want to claim on their insurance because their premiums might increase?

Abrahn
9th Feb 2024, 16:14
£10ks worth of damage and they don’t want to claim on their insurance because their premiums might increase?

That is their right, and why should they if they aren't at fault?

NutLoose
9th Feb 2024, 20:32
That’s what I was getting at, a previous repair and being told all sorted and it fails again, surely the building owners are responsible for the damage as they had not made good the faults. He is in the Navy and not a plumber so has to take on good faith the building is sound.

if they have used third parties to effect the repairs then surely it is up to the building owners to pay out then seek recompense from the outside contractor.

SLXOwft
9th Feb 2024, 21:03
I suspect some bureaucratic over-interpretation of the following is at work.

9.5 We will not be responsible for repairing any appliance or item which You have brought in to or arranged to be brought in to the Property.

9.6 We are not obliged to rebuild or reinstate the Property if it is destroyed or suffers damage caused by fire, tempest, flood or other accident. If the Property is no longer habitable then this Licence shall terminate immediately on the happening of such an event.

In the event of a no fault car 'occurence' you are expected to claim on your own insurance policy and you insurer will manage the claim against the other party, surely the same applies here - the licence advises you in the strongest terms that it is your responsibility to take insurance to protect your own property.

Abrahn
9th Feb 2024, 21:26
In the event of a no fault car 'occurence' you are expected to claim on your own insurance policy and you insurer will manage the claim against the other party, surely the same applies here - the licence advises you in the strongest terms that it is your responsibility to take insurance to protect your own property.

You may be expected to, but you don't have to and it isn't in your interest to - particularly as your no claims bonus will go and your premiums increase as a result if the claim. Cue a round of "but my insurer ...". These days insurers don't even advise you to, they will hand you off to a claim management/ credit hire company.

The licence may advise you to take out insurance but that doesn't stop the negligent party being liable.