Commercial Property owners wondering where they stand following the recent riots should take note of the following.
The local police authority has a legal responsibility to reimburse anyone sustaining damage to property as a result of a riot under the Riot Damages Act 1886. Any claim under the Act must “be made in writing and received by the local police authority within 14 days of the alleged incident”. The prime minister has extended this notification period to 42 days in respect of the recent riots.
Insurers typically require claims for riot damage to be reported within 7 days of the incident as part of their claim conditions. Insurers are then able to recover their outlays from the Police Authority.
Something worth noting is that these rules exclude liability for loss or damage to cars left on public highways, goods left in shops for repair and/or consequential losses.
Wondering what constitutes ‘A Riot’ ?
The 1886 Riot Damages Act defines Riot as circumstances:
- Where twelve or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his/her safety, each of the persons using unlawful violence for the common purpose is guilty of riot.
- It is immaterial whether or not twelve or more use or threaten unlawful violence simultaneously.
- The common purpose may be inferred from conduct.
- No person of reasonable firmness need actually be, or likely to be, present at the scene.
- Riot may be committed in private as well as public places.
Further information on commercial property insurance can be found at our website.
