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redpen

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  1. thanks for your help, but I am still confused! According to various other sites the consumer rights act is a statutory law: http://www.onlineshoppingrights.co.uk/understanding-your-basic-statutory-rights.html is a statutory right (which the consumer rights act definitely is) not formed from statutory law???
  2. Opps, sorry I meant the FOS. I am attaching a copy of my most recent letter from the loss adjuster, received by my representative who is a surveyor. I have also attached the policy wording and schedule. xyz.pdf schedule.pdf wording.pdf
  3. thanks for the reply, however I dont think I explained this very well. L1.4 is a definition of costs and expenses. with that in mind, it then goes onto say what the cover is specifically (using the words costs and expenses): LI3.1 The Cover We will pay You (a) up to the Limit of Indemnity for Your legal liability to pay Compensation and (b) for Your legal liability to pay Costs and Expenses in respect of accidental (i) Personal Injury (ii) Damage to Property (iii) obstruction trespass nuisance or interference with any right of way air light or water which arises in connection with the Business and which happens within the Territorial Limits during the Period of Insurance So I will be taking this to the legal ombudsman as the insurer is unwilling to play fair and payout. If the legal ombudsman says I am entitled to compensation, then the plumber's insurance will be forced to pay out- or not? But my understanding is that the Consumer rights act is an act of statute, which is precisely what this covers. My plumber came in did work, caused a leak to my home and caused about £10k in losses to me. Isnt that what this is for? thanks
  4. Hi forum, could anyone help me better understand the wording of an insurance policy? I am trying to make a claim under the third parties rights against the insurers act, on my plumbers insurance policy (who has since gone out of business). The policy defines: LI1.4 Costs and Expenses (a) Fees for Your legal representation at (i) any Coroner's Inquest or Fatal Accident Inquiry (ii) proceedings in any Court of Summary Jurisdiction arising out of any alleged breach of statutory duty I understand statutory duty to be the consumer rights act- right? The policy then goes on to explain the cover provided: LI3.1 The Cover We will pay You (a) up to the Limit of Indemnity for Your legal liability to pay Compensation and (b) for Your legal liability to pay Costs and Expenses in respect of accidental (i) Personal Injury (ii) Damage to Property (iii) obstruction trespass nuisance or interference with any right of way air light or water which arises in connection with the Business and which happens within the Territorial Limits during the Period of Insurance So the policy appears to be saying that if accidental damage is caused via a breach of the consumer rights act- they will pay out. However there are 2 points to consider with the word accident: 1. My understanding is that statutory laws cannot have their liability minimised in anyway. If that is the case, is the insurer allowed to say they will only pay out for accidental damage when a breach to the consumer rights act is concerned? Any thoughts? 2. Even if the word accidental is applied correctly here, if the damage was not done accidentally it would be a crime wouldn't it?! Therefore aren't all breaches of statutory rights going to be accidental? Or in my case the plumber simply did not have the required skill set (or is just rubbish at what he does) to do the job properly (which is still accidental). Any thought forum? Thank you x
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