What you need to know
When you take out a policy that we have arranged for you, we will ensure you understand the process of making a claim. Your policy documentation will also provide additional information regarding what to do and who to call or contact. You may find this to be particularly useful if you need to report a claim outside of business hours.
When you receive your policy documents:
- Make sure you know what to do, in the event you need to make a claim
- Keep a note of your policy number with the claim information
- Consider giving copies to other people who may need access to that information
- Consider creating a digital copy of the document you can store in an accessible but secure location
If you need to make a claim:
During office hours, please contact your usual Aston Scott office to report a claim. Outside of office hours, if your claim is urgent and you need immediate advice, please refer to the table of emergency contact numbers. These numbers are for the main insurance companies with whom Aston Scott place business and contact the relevant insurance company in which your claim relates. Alternatively, if you are unsure as to which insurance company your claim will need to be reviewed by, or you would like some urgent advice from Aston Scott, please complete the short email form below and submit it to us. We will then look to respond as soon as possible.
Make an Emergency Claim
The Enterprise Act 2016 – Late Payment of Claims
The Enterprise Act 2016 was passed on 4 May 2016 and it applies to every insurance or reinsurance policy placed or renewed on or after 4 May 2017, where the policy is subject to the laws of England and Wales, Scotland, or Northern Ireland.
It amends the Insurance Act 2015, and gives policyholders a potential right to claim damages in the event of late payment. Under current law insureds have no recourse against insurers for losses which have resulted specifically in the delay of the insurer in paying their claim. The new Act makes provision to ensure claims payment is made within a ‘reasonable time’.
When will an insurer not be in breach when there is a delay?
If an insurer can show there were reasonable grounds for the late payment of a claim (whether the dispute relates to liability or the value of the claim) then it will not be in breach of the implied contract term ‘reasonable time’.
Although the term ‘reasonable time’ is not defined by The Act the legislation makes clear that ‘reasonable time’ includes time to investigate and assess a claim, taking into account the individual circumstances, specifically:
- Type of insurance
- Size and complexity of the claim
- Compliance with relevant statutory or regulatory rules or guidance
- Factors outside the insurers control (e.g. delays caused by the policyholder).
Insureds will have one year from the date when the sums due under the policy were fully paid in which to make a claim for additional damages as a result of late payment.
As with the Insurance Act insurers are allowed to opt-out of the Enterprise Act. However, if they do so they must meet the transparency requirements of the Insurance Act. This means that prior to any contract being entered into, the customer is clear that the insurer has chosen to opt out of the late claims payment legislation.
NB the ability to opt-out out of the Enterprise Act in respect of claims payments does not apply to:
- Consumer contracts
- Commercial contracts where an insurer has breached the provisions of the Act in a manner that is ‘deliberate or reckless’.
Where an insurer contracts out of the late claims payment provision, they will tell us and we will in turn explain how this may affect you.
If you are uncertain about any aspect of the new law or have any questions in relation to the handling of a claim, please speak to your Aston Scott contact and they will be happy to provide further clarification or support if needed.