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QBE Insurance (Europe) Limited
After the Event Insurance Policy
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Contents
1 OUR AGREEMENT IN GENERAL 3
2 INSURED SECTION – LEGAL EXPENSES 4
3 DUTIES IN THE EVENT OF A CLAIM OR POTENTIAL CLAIM 6
4 GENERAL TERMS AND CONDITIONS 8
5 GENERAL DEFINITIONS AND INTERPRETATION 11
6 COMPLAINTS 13
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1 Our agreement in general
1.1 Parties to this agreement
This After the Event Insurance is between the insured as declared in the schedule,
and the insurer, QBE Insurance (Europe) Limited. QBE Insurance (Europe) Limited is
a member of the QBE Insurance Group. Its Head Office and registered address is:
Plantation Place, 30 Fenchurch Street, London, EC3M 3BD tel: 020 7105 4000 fax: 020
7105 4019. Registered in England No. 1761561: Home State - United Kingdom.
Authorised and regulated by the Financial Services Authority: Registration Number
202842.
1.2 What is this document?
This document, together with its schedule and any attached endorsements is the policy
which sets out this insurance. It is a legal contract so please read all of it carefully.
1.3 Words in bold
Words in bold type-face used in this policy document, other than in the headings, such
as insured in clause 1.1 above, have specific meanings attached to them as set out in
clause 5, the General definitions and interpretation section of this document.
1.4 Primary purpose of this Policy
By this policy, the insurer agrees, subject to the policy’s terms, limitations, exclusions
and conditions, to indemnify the insured in respect of opponent’s costs and
disbursements to the extent more fully described in clause 2.
1.5 Cooling off period
1.5.1 Where the insured is a private individual or sole trader, including a partnership in
England and Wales, then the insured has a right to cancel this policy during a period
of fourteen (14) days either from the day of purchase of the insurance, or the day on
which policy documentation was received, whichever is the later. This right will be
deemed to be irrevocably waived by the insured in the event that the insured makes or
notifies the insurer of a claim or potential claim under this insurance within the
applicable fourteen (14) day period.
1.5.2 The insured must give notice of cancellation under clause 1.5.1 by writing to the
insurer’s address or telephoning the number shown on the schedule under the Claim
Notification. In the event of such a cancellation, no premium will be payable and all of
the insurer’s obligations referred to in the policy will be extinguished with immediate
effect.
1.5.3 In the event that the period of insurance ends during the Cooling off period the
insured will be deemed to have waived any rights conferred at 1.5.1 above to cancel
the policy.
1.5.4 Alternatively, and where the insured is not an individual or sole trader, this policy may
be cancelled only in accordance with the termination provisions at 4.13 below provided
always that notice is given in the manner prescribed at 1.5.2.
1.6 Signature
In evidence of the insurer’s intention to be bound by this insurance, it prints the
signature of its Chief Operating Officer below.
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2 Insured section – Legal expenses
2.1 Legal expenses cover
The insurer agrees to indemnify the insured, subject to the limit of indemnity, in
respect of the following liabilities arising within the period of insurance:
2.1.1 Opponent’s costs
opponent’s costs provided that:
a) the court, or appellant court if the period of insurance is extended to cover an
appeal, makes an order for costs against the insured; or
b) the legal action is abandoned, discontinued or settled with the prior written
agreement of the insured, the appointed representative and the insurer.
2.1.2 Disbursements
disbursements provided that:
a) the court, or appellant court if the period of insurance is extended to cover an
appeal, makes an order for costs (not being an interim order) against the
insured; or
the legal action is concluded with no order for costs against the insured and
the insured has not been awarded damages or obtained the relief sought;
b) the insurer shall only be liable for disbursements to the extent that the
insured is not entitled to seek their recovery from the opponent or any other
party;
c) the insurer shall not be liable to pay any disbursements until the period of
insurance finally ceases;
d) the insurer shall provide no indemnity in respect of counsel’s fees where
counsel is acting under a conditional fee agreement.
In the event that the legal action is subject to appeal and at the end of the appeal’s
process the judgment of the court is amended to include an order for costs against the
insured, or if an existing costs order against the insured is set aside, Section 2.1,
above, will be construed as if the court had reached the same decision as the final
appellant court.
2.2 Exclusions and limitations
This policy excludes and the insurer shall not be liable for any:
2.2.1 Absence of the insurer’s prior consent
opponent’s costs or disbursements where:
a) the legal action is abandoned, discontinued or settled in the opponent’s favour
without the insurer’s prior written consent; or
b) the insurer’s prior written consent is not obtained before proceedings are issued;
or
c) the insurer’s prior written consent is not obtained before rejecting an opponent’s
offer to settle the legal action;
2.2.2 Alternative dispute resolution
opponent’s costs or disbursements where the insured has failed to notify the
insurer of an offer of alternative dispute resolution (including mediation);
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2.2.3 Costs for providing information
costs incurred by the insured or the appointed representative in providing the insurer
with any information or documentation required by the terms of this policy;
2.2.4 Insured’s conduct
opponent’s costs or disbursements where:
a) the legal action is abandoned, discontinued, settled or lost at trial as a result of the
dishonesty of the insured; or
b) there is any failure of the insured to act in accordance with the advice of the
appointed representative or to provide full instructions promptly to the appointed
representative or to co–operate with the appointed representative or to comply
with any order made by the court or any Civil Procedure Rule;
2.2.5 Failure to mitigate
opponent’s costs or disbursements incurred or increased as a result of a failure on
part of the insured or the appointed representative to mitigate such a liability;
2.2.6 Insured’s lack of funding
opponent’s costs or disbursements if the legal action is abandoned, discontinued,
stayed or dismissed as a result of the insured either not having the funds to continue or
not being willing to commit funds to continue the legal action;
2.2.7 Non-disclosure
opponent’s costs or disbursements where the insured or the appointed
representative has failed to disclose material facts;
2.2.8 Unnecessary disbursements
disbursements that, in the insurer’s opinion, have been incurred unreasonably or
unnecessarily;
2.2.9 Wasted costs, damages or enforcement proceedings
a) wasted costs or any increased opponent’s costs or disbursements arising from
any unreasonable delay or negligence or wilful act or omission by the insured or
the appointed representative which in the insurer’s opinion is prejudicial to the
conduct of the legal action;
b) unreasonable failure on part of the insured or the appointed representative to
attend a hearing or other appointment;
c) awards of compensation;
d) opponent’s costs and disbursements relating to enforcement proceedings;
2.2.10 Amended pleadings
opponent’s costs or disbursements which arise from or out of any unreasonable
amendment to the insured’s pleadings or any failure to comply with any court
directions, pre-action protocols or any other rule, regulation or statutory provision;
2.2.11 Costs of assessment proceedings
opponent’s costs or disbursements relating to the assessment proceedings or any
other disputes regarding costs;
2.2.12 Costs ordered prior to inception
opponent’s costs or disbursements that are the subject of an order for costs in the
opponent’s favour which pre-dates the inception of this policy;
2.2.13 Costs relating to orders for costs security
opponent’s costs or disbursements associated with an application for an order for
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security for costs or opponent’s costs or disbursements arising as a result of an
order for security for costs including the opponent’s costs or disbursements arising
from an action discontinued or struck out as the result of an order for security for costs
being made;
2.2.14 Public funding certificate
opponent’s costs or disbursements arising during a period when, for the purpose of
the claim, a CLS public funding certificate was in force;
2.2.15 Fraud
opponent’s costs or disbursements where the insured or the appointed
representative has made any fraudulent, false or misleading representation;
2.2.16 Legal action outside the territorial limits
legal action made, issued, brought or transferred outside the territorial limits;
2.2.17 Non-contribution
payment by the insurer arising from the legal action where but for the existence of this
insurance the insured would be entitled to indemnity under another insurance policy;
2.2.18 Opponent’s insolvency
opponent’s costs or disbursements if the legal action is abandoned, withdrawn,
discontinued or stayed by virtue of the bankruptcy, receivership, administration,
liquidation, entering into a voluntary arrangement or other act or threatened act of
insolvency of the opponent.
3 Duties in the event of a claim or potential claim
The due observance and fulfilment of the provisions of clause 3 is a condition precedent
to the insurer’s liability for any claim under this policy. Clause 4.11 sets out
consequences of a failure to comply with conditions precedent or policy provisions
such as clause 3.
3.1 Claim notification
3.1.1 The insured shall give the insurer written notice as soon as practicable of any claim or
any circumstance which might reasonably be expected to give rise to a claim.
3.1.2 Notice to the insurer must be given to the claims notification address specified in the
schedule.
3.2 Insured duties
3.2.1 A claim form must be completed with full particulars.
3.2.2 The insured shall provide to the insurer and the appointed representative all
information and, in addition, shall provide all necessary assistance to enable the
insurer or its agents to investigate and/or defend any claim under this policy and/or to
enable the insurer to determine its liability under this policy.
3.2.3 Neither the insured nor its appointed representative shall make any admission with
respect to any claim or attempt to settle any claim without the insurer’s written
consent.
3.2.4 The insured will promptly provide the insurer with full details of opponent’s costs
and/or disbursements and shall, if requested by the insurer, have such opponent’s
costs and/or disbursements assessed or otherwise reviewed by an appropriate body
at the insured’s own cost, which is not indemnified under this policy. The insurer will
be entitled to conduct any assessment or review and the insured will provide such
assistance as the insurer requires.
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3.3 Payment of costs
3.3.1 Prior to the conclusion of the legal action the insurer will not be liable to make any
payments other than in respect of costs awarded to the opponent for interim adverse
costs orders.
3.3.2 In the event of a successful outcome leading to the recovery of costs from the
opponent such monies will be applied first to reimburse the insurer for any interim
adverse costs orders paid under this policy.
3.4 Subrogated claims
In the event of the insurer making any payment under this policy:
3.4.1 the insurer shall be subrogated to all the insured’s rights or causes of action related to
or arising out of the legal action against any other party to the extent that these rights
or causes of action are pertinent to a loss being suffered by the insured and the
insured undertakes to provide the insurer with all assistance which may be required to
pursue these rights; and
3.4.2 any entitlement to a recovery from the opponent by the exercise of such rights or
otherwise will, until received, be set off against any claim comprised of opponent’s
costs and disbursements and when received be applied, in order of priority, to repay
and extinguish any payment made by the insurer under this policy, any insurer’s
costs, any interest due on such payment and costs and finally any insured’s losses.
3.5 Cover for an Appeal
3.5.1 Subject to the insurer’s prior approval, the terms of this policy can be extended to
cover an appeal by an opponent. This will not increase the limit of indemnity. The
appeal, by the opponent, will be treated in like manner to the legal action and the
same limit of indemnity will apply to any claim arising from the aggregate of the legal
action and appeal.
3.5.2 An appeal by the insured shall not be covered by this policy. In the event that the
insurer or insured wishes to bring an appeal cover may, at the insurer’s discretion, be
provided under a separate policy.
3.5.3 If following an appeal of the judgment of the court the appellant court amends or sets
aside the terms of the judgment, the terms ordered by the appellant court will override
those of the court.
3.6 Assignment
The insured’s rights under this policy may not be assigned without the insurer’s prior
written consent.
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4 General terms and conditions
4.1 Applicable law
This policy will be governed by and interpreted in accordance with the laws of England
and subject to the exclusive jurisdiction of the courts in England and Wales.
4.2 Appointed representative
The insured must not change the appointed representative without the insurer’s
prior written consent. If the insured makes such a change without the insurer’s prior
written consent the premium will become immediately payable and the insurer’s
liability to pay any claim will cease.
4.3 Conduct of the legal action
4.3.1 The insured agrees that proceedings will not be issued without the insurer’s prior
written consent and irrevocably authorises the appointed representative to obtain
such consent from the insurer.
4.3.2 The insured irrevocably authorises the appointed representative to inform the
insurer in writing of any offer by the insured or by the opponent to settle the legal
action, including any offer by an opponent to refer the matter to alternative dispute
resolution (including mediation) and prior to refusal being communicated to the
opponent. If the insurer consents to the legal action proceeding, the indemnity will
continue to be provided under this policy.
4.3.3 The insured irrevocably authorises the appointed representative to immediately:
a) notify the insurer of any challenge made to the premium (whether made in
detailed assessment proceedings or otherwise) and provide full details about the
challenge made as the insurer shall request;
b) ensure that any representations made by the insurer are communicated to the
court and to the opponent promptly and in the appropriate manner and in
accordance with the Civil Procedure Rules;
c) appoint or instruct as the appointed representative’s agent, where requested to
do so by the insurer, such legal representatives as may be nominated by the
insurer to deal with the challenge to the premium.
4.4 Confidentiality
The insurer agrees that any information given by the insured or the appointed
representative is received in confidence and will not be disclosed to any other party.
4.5 Contracts (Rights of Third Parties) Act 1999
This insurance does not confer or create any right enforceable under the Contracts
(Rights of Third Parties) Act 1999 or any amending or subsequent legislation, by any
person who is not named as the insured and both the insurer and insured may
amend, cancel or lapse this insurance without giving notice to, or requiring the consent
of, any other third party.
4.6 Co-operation
4.6.1 The insured hereby gives irrevocable instructions to the appointed representative:
a) to provide the insurer with full and prompt co–operation to include providing such
information as is requested by the insurer from time to time;
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b) to notify the insurer if the insured is no longer more likely than not to succeed in
the legal action, assuming that it is determined at trial (including the prospects of
any judgment and/or costs in the insured’s favour being successfully recovered).
4.6.2 The insured must comply with court orders and the Civil Procedure Rules and in all
respects conduct the legal action in a reasonable manner in order to minimise costs.
4.6.3 The insured must prosecute the legal action promptly and in the appropriate manner
and in accordance with the Civil Procedure Rules and any court orders.
4.7 Disclosure under the Data Protection Act 1998
4.7.1 The insurer records and holds data in accordance with the Data Protection Act 1998
and follows strict security procedures in the storage and disclosure of information
provided to prevent unauthorised access or loss of such information. The insurer may
find it necessary to pass data to other firms or businesses that supply products and
services associated with this policy.
4.7.2 Further, by accessing and updating various databases the insurer may share
information with other firms and public bodies, including the police, in order to
substantiate information and prevent or detect fraud. If false or inaccurate information
is provided and fraud is suspected this fact will be recorded and the information will be
available to other organisations that have access to the databases. Details of
databases accessed or contributed to are available on request.
4.8 Dispute resolution
4.8.1 All matters in dispute between the parties arising out of or in connection with this
insurance will be referred to a mediator to be agreed by the parties within ten (10)
working days of a written notice served on one party by another requesting such an
agreement. If a mediator is not agreed then either party may apply to the Centre for
Effective Dispute Resolution (‘CEDR’) for the appointment of a mediator. The parties
agree to share equally the costs of CEDR and of the mediator and that the reference of
the dispute to mediation will be conducted in confidence.
4.8.2 The parties agree to perform their respective continuing obligations under this
insurance, if any, while the dispute is resolved unless the nature of the dispute prevents
such continued performance of those obligations.
4.8.3 If any such dispute is not resolved by mediation or the parties can not agree upon the
appointment of a mediator or the form that the mediation will take the dispute will be
referred by either party to be determined and be subject to the exclusive jurisdiction of
the High Court, London.
4.8.4 Nothing in this section prejudices the insured’s rights as set out in section 6.
4.9 Document management
The insurer may hold documents relating to this insurance and any claims under it in
electronic form and may destroy the originals. An electronic copy of any such
document will be admissible in evidence to the same extent as, and carry the same
weight as, the original.
4.10 Insolvency of the insured
If the insured is bankrupt, insolvent or becomes bankrupt or insolvent during the period
of insurance the insurer shall have the right to withdraw its support of the legal
action. The insured shall be deemed insolvent upon the appointment in relation to that
insured of an office-holder within the meaning given by Sections 233(1) or 372(1) of the
Insolvency Act 1986.
4.11 Observance
4.11.1 The due observance and fulfilment of the provisions of this policy insofar as they may
relate to anything to be done or complied with by the insured, and are not already
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conditions precedent, will be a condition of this policy. Any waiver by the insurer of
any provision will not prevent the insurer from relying on such term or condition or
condition precedent in the future.
4.11.2 In the event of a breach of any provision in the policy, and without prejudice to any
other rights of the insurer, the insurer may reject or reduce claims connected with the
breach providing the insurer can demonstrate some prejudice, and continue the policy
on such terms as it may determine and if any payment on account of any such claim
has already been made the insured will repay forthwith all payments on account to the
insurer.
4.11.3 If this insurance is cancelled for any reason the insured shall continue to observe the
conditions to the extent that they remain relevant.
4.12 Premium payment
4.12.1 The insured agrees to pay the premium stated in the schedule on the due date being
the end of the period of insurance or the date of the final decision of the court or the
date of termination of the policy if effected under the provisions contained in 4.13.1 or
4.13.2, whichever is the earlier.
4.12.2 Should the period of insurance be extended to cover an appeal by the opponent an
additional premium will be agreed and the amount of the premium provided in writing.
The insured agrees to pay this additional premium on the due date being the end of
the period of insurance or the date of the final decision of the appellant court hearing
the appeal or the date of termination of the policy if effected under the provisions
contained in 4.13.1 or 4.13.2, whichever is the earlier.
4.12.3 The premium is deemed paid and accepted on receipt by the insurer or the
intermediary appointed to place this insurance with the insurer.
4.12.4 Taxes, levies and other relevant fiscal charges are payable in addition to the premium.
4.13 Termination
4.13.1 The insured may terminate this policy at any time whereupon the premium becomes
immediately payable and the insurer will not be liable for any claim under this policy.
4.13.2 If the insured fails to observe all the terms and conditions under this policy, the
insurer may terminate this policy. The insurer will not be liable for any claim under
this policy.
4.13.3 If it is assessed by the insurer that the insured is no longer more likely than not to
succeed in the legal action, assuming that it is determined at trial (including the
prospects of any judgment and/or costs in the insured’s favour being successfully
recovered), the insurer may terminate this policy immediately.
4.13.4 In the event of termination in accordance with 4.13.3 if the insured immediately
discontinues the legal action the insurer will pay, subject to the policy terms,
conditions, limitations and exclusions, the disbursements and opponent’s costs
incurred up to the date of termination. If the insured does not immediately discontinue
then the insurer shall not be liable for any claim under this policy and the premium
shall become payable by the insured in accordance with the provisions contained in
4.12.
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5 General definitions and interpretation
The following words will have the same meaning attached each time they appear in this
policy in bold type-face, whether with a capital first letter or not.
Where the context so admits or requires, words importing the singular will include the
plural and vice versa and words importing the masculine will import the feminine and
the neuter. References to 'person' will be construed so as to include any individual,
company, partnership, or any other legal entity. References to a statute will be
construed to include all its amendments or replacements. All headings within the
policy are included for convenience only and will not form part of this policy.
5.1 Appeal
Appeal means an appeal against the judgment of the court to the Court of Appeal or
such other court to which the insurer gives prior written consent.
5.2 Appointed representative
Appointed representative means a firm of solicitors which has been accepted by the
insurer to act for the insured in accordance with the terms of this policy.
5.3 Claim
Claim means a request by the insured under the terms of this policy for payment of
opponent’s costs and / or disbursements. Any claim or series of claims arising out of
the same legal action shall be regarded as one claim.
5.4 Court
Court means any judge, arbitrator or any other tribunal that hears the legal action at
first instance within the territorial limits.
5.5 Disbursements
5.5.1 Disbursements means expenses paid by the appointed representative to other parties
that have been reasonably incurred on behalf of the insured in connection with the
legal action (including a rateable proportion of the alternative dispute resolution fees
that the insurer has agreed to in writing) which are not the subject of any agreement
where expenses are paid depending on the outcome of the legal action, but not
including:
a) the appointed representative’s costs;
b) any VAT to the extent that the insured can recover such VAT from HM Revenue
and Customs;
c) any sum paid to a third party as a referral fee (whether or not described as
such);
d) any interest incurred as a result of the insured entering into an agreement to
fund the legal action unless this has been agreed in writing in advance by the
insurer by the issuing of an endorsement.
5.5.2 The premium will be deemed a disbursement for the purposes of clause 2.1.2. It is not
taken into account in respect of the limit of indemnity.
5.6 Information
Information means any information within the possession control or knowledge of the
insured or the appointed representative, both before and after the inception of this
policy, that is relevant to or relates to the legal action, whether privileged or not (which
privilege the insured irrevocably waives), and extends to the appointed
representative’s file on the insured’s legal action.
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5.7 Insured
Insured means the person named in the schedule as declared to and accepted by the
insurer. The insurer will in the event of the death of the insured indemnify the
insured’s personal legal representatives in like manner provided that the insured’s
personal legal representatives observe the terms of the policy as if they were the
insured and that the appointed representative continues to conduct the legal action.
5.8 Insurer
Insurer means QBE Insurance (Europe) Limited.
5.9 Legal action
Legal action means the action described in the schedule, but not including any appeal
from an interlocutory or judgment of the court or any subsequent or arising costs-only
proceedings or assessment proceedings.
5.10 Limit of indemnity
Limit of indemnity means the limit referred to in the schedule, which shall be the
insurer’s maximum liability under this policy in respect of any claim and/or the
aggregate for all claims made during the period of insurance.
The limit of indemnity will not be altered by the policy being extended to cover an
appeal by the opponent.
Any sub-limit of indemnity stated in the schedule applies as if it was the limit of
indemnity for the claims specified in the schedule for that sub-limit and is deemed to be
part of and not in addition to the limit of indemnity specified in the schedule.
5.11 Opponent
Opponent means the party or parties who are named in the schedule and with whom
the insured is in dispute in the legal action.
5.12 Opponent’s costs
Opponent’s costs mean all costs, expenses and disbursements that have been
reasonably incurred by the opponent in the legal action. Where in the legal action
orders are made both that costs be paid by the insured to the opponent and that costs
be paid by the opponent to the insured, opponent’s costs shall then be limited to the
net sum (if any) payable by the insured to the opponent after all costs payable by the
opponent to the insured have been set off, irrespective of whether or not payment is
actually made.
No cover is provided in respect of any success fee to which the opponent’s solicitor or
barrister may be entitled.
5.13 Period of insurance
Period of insurance means the period which commences from the date shown on the
schedule and ceases when:
5.13.1 the legal action is concluded by a judgment of the court; or
5.13.2 the legal action is abandoned, discontinued or settled; or
5.13.3 the legal action is transferred outside of the territorial limits; or
5.13.4 the retainer between the insured and the appointed representative ceases
whichever is the earliest.
If the judgment of the court is the subject to an appeal by the opponent, upon written
agreement, the insurer may extend the period of insurance to cover the appeal. The
period of insurance ceases when:
5.13.5 the appeal is concluded by a judgment of the appellant court; or
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5.13.6 the appeal is abandoned, discontinued or settled; or
5.13.7 the appeal is transferred outside of the territorial limits; or
5.13.8 the retainer between the insured and the appointed representative ceases
whichever is the earliest.
The insurer may give written consent to treat any subsequent appeal to a court of
further instance as an appeal.
For the avoidance of doubt, the provisions of 5.13 in no way prejudice any other
provisions contained in this document regarding cancellation or termination.
5.14 Policy
Policy means this document, the schedule (including any schedules issued in
substitution) and any endorsements attaching to this document or the schedule that will
be considered part of the legal contract and any word or expression in bold type-face on
any of these documents will bear the specific meaning stated in these definitions.
5.15 Premium
Premium means the amount specified as premium in the schedule:
5.15.1 the amount specified in (i) shall be payable if the legal action is concluded prior to the
issue of proceedings; or
5.15.2 the amount specified in (ii) shall be payable if the legal action is concluded after
proceedings have been issued but more than sixty (60) days before the date listed by
the court for the commencement of the trial or the trial window; or
5.15.3 the amount specified in (iii) shall be payable if the legal action is concluded sixty (60)
days or less before the beginning of the trial or the trial window as listed by the court or
is heard at trial.
5.16 Schedule
Schedule means the document titled schedule that includes the name and address of
the insured, the premium and other variables to this standard document (including
endorsement clauses) and is incorporated in this document and accepted by the
insured. Schedules may be re-issued from time to time where each successor
overrides the earlier document.
5.17 Territorial limits
Territorial limits means England and Wales. These shall be the countries in whose
courts the legal action is brought and by whose laws the legal action is governed.
6 Complaints
6.1 What the insured should do?
The insurer strives to provide an excellent service to all its customers but occasionally
things can go wrong. The insurer takes all complaints seriously and endeavours to
resolve all customers’ problems promptly. If the insured has a question or complaint
about this insurance or the conduct of its intermediary they will contact that intermediary
in the first instance.
If the insured wishes to contact the insurer directly then please contact: Managing
Director, QBE Insurance (Europe) Limited, Plantation Place, 30 Fenchurch Street,
London, EC3M 3BD, tel: 020 7105 4000 fax: 020 7105 4019, Registered in England
No. 1761561. Please quote the policy number or claim number as appropriate in any
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correspondence.
If, after making a complaint, the insured feels that the matter has not been resolved to
its satisfaction then if it is an eligible complainant the insured may contact: The
Financial Ombudsman Service, South Quay Plaza 2, 183 Marsh Wall, Docklands,
London E14 9SR.
Making a complaint to the Financial Ombudsman Service (FOS) does not affect the
insured’s rights under this policy, but if the insured is not an eligible complainant then
the informal complaint process ceases.
6.2 Financial Services Compensation Scheme
The Company Market and Lloyd’s underwriters are covered by the Financial Services
Compensation Scheme. The insured may be entitled to compensation from the
Scheme if the insurer is unable to meet its obligations under this contract.
Entitlement to compensation under the Scheme depends on the type of business and
circumstances of the claim. Further information about compensation scheme
arrangements is available from the Financial Services Compensation Scheme 7th floor,
Lloyds Chambers, Portsoken Street, London E1 8BN or from their website
(www.fscs.org.uk).
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