ASDA Home Insurance (Building)

Part E - Buildings
Accidental Damage
What is covered
Accidental Damage to the Buildings.
What is not covered
Accidental Damage:
a specifically excluded under Part D Buildings standard cover
b more specifically covered elsewhere in this Policy
c by frost
d by wear and tear or gradually developing deterioration, settlement or shrinkage of the Buildings
e by vermin, insects, fungus, wet or dry rot
f by chewing, scratching, tearing or fouling by domestic pets
g by mechanical or electrical breakdown or failure
h arising from the alteration or extension of the Buildings or the cost of maintenance or routine decoration
i arising from faulty workmanship, defective design or use of defective materials
j whilst the Home is Unoccupied or Unfurnished
k occurring whilst the Buildings or any part of them are let or lent
l any Excess shown in the Policy schedule.
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Part D - Buildings standard cover
Your schedule will show if this section has been chosen.
What is covered
Loss or damage to the Buildings by the following causes:
4 Subsidence or ground heave of the site on which the Buildings stand or landslip.
Damage to Your Home caused by the ground moving is covered whether this movement is downwards due to subsidence, upwards due to heave or sideways due to landslip.
Subsidence is the downward movement of a Building foundation caused by loss of support of the site beneath the foundations. This is usually associated with volumetric changes in the subsoil and is covered by the Policy. Settlement is movement ` due to the distribution or re-distribution loading and stresses within the various elements of construction. This usually occurs in the early stages of the life of the Building is not normally a continuing problem, and is not covered by the Policy.
What is not covered
4 The first £1,000 of any damage.
Loss or damage:
a caused by normal settlement, shrinkage or expansion
b resulting from coastal or river bank erosion c arising from construction, structural alteration or repair or demolition
d arising from the use of defective materials, defective design or faulty workmanship
e to boundary and garden walls, terraces, gates, hedges and fences, paths and drives, patios, tennis hard courts, swimming pools unless the Home has been damaged at the same time by the same cause
f to or resulting from movement of solid floor slabs and non-load bearing walls unless the foundations beneath the load bearing walls of the Home are damaged at the same time by the same cause
g to the Buildings caused by the action of chemicals on or the reaction of chemicals with any materials which form part of the Buildings. collapse

Part G - Welcome To DAS Home Assistance
To make sure you get the most from your DAS cover, please take the time to read this policy, which explains the contract between you and us. If you have any questions or would like more information, please contact your insurance adviser.
How we can help
Once you have given us details of your claim and we have accepted it, we will arrange for one of our approved contractors to assist you as quickly as possible.
When we cannot help
We cannot help in any major emergency which could result in serious risk to you or substantial damage to your home. In this situation, you should immediately
contact the Emergency Services and any company that supplied the service.
We will not pay any claim unless we have given our agreement, or if there is no one at home when our approved contractor arrives.
The meaning of Words in this Policy
1 We, us, our
DAS Legal Expenses Insurance Company Limited.
2 You, your
The person who has taken out this policy.
3 Insured person
You and any person who lives in or is staying at your home.
4 Home
Your home as identified on your schedule of insurance (having no more than 15 rooms) situated within the United Kingdom of Great Britain and Northern Ireland,
the Isle of Man and the Channel Islands.
5 Home emergency
A sudden unforeseen event which requires immediate corrective action to:
(a) prevent damage or further damage to your home; or
(b) to make your home safe or secure; or
(c) alleviate unreasonable discomfort, risk or difficulty to any Insured person.
6 Period of cover
The period as identified on your schedule of insurance
7 Main heating system
The main hot water or central heating system in your home. This includes pipes which connect components of the system but not cold water supply or drainage
pipes. This does not include any non-domestic heating or hot water systems or any form of solar heating.
8 Plumbing and drainage
The cold water supply and drainage system within the boundary of your home and for which you are legally responsible.
This does not include pipes:
- which connect components of the heating system; or
- for which your water supply or sewerage company are responsible.
Cover
1 Your policy only covers you if you have paid your premium. We agree to provide the insurance in this policy, keeping to the terms, conditions and exclusions as long
as the home emergency happens during the period of cover.
2 If the service you need is not provided under these terms, we will try (if you wish) to arrange it at your expense. The terms of such service are a matter for you and your supplier.
3 We will pay up to £500 (including VAT) for the call out charge, labour, parts and materials providing assistance for a home emergency which arises from an insured incident.
Insured Incidents
(a)Plumbing and drainage
The sudden damage to, or blockage, breakage or flooding of, the drains or plumbing system in your home.
(b)Main heating system
The sudden failure to function of the main heating system in your home.
(c) Domestic power supply
The failure of the domestic electricity, or domestic gas supply, but not the failure of the mains supply.
(d)Toilet unit
Impact damage to, or mechanical failure of, the toilet bowl or cistern in your home which results in complete loss of function.
(e)Home security
Damage to, or the failure of, external doors, windows or locks which compromises the security of your home.
(f) Lost keys
The loss of the only available set of keys to your home if you cannot replace them, or gain normal access.
What is not covered by this policy
1 Any claim following an insured incident which happens during the first 48 hours from the start of your period of cover if you take out this policy at a different
time from any other related agreement.
2 Any incident or matter arising before the start of this policy.
3 Any normal day-to-day home maintenance which an insured person should carry out or pay for (such as servicing of heating and hot water systems) and the replacement of parts that tend to gradually wear out over a period of time or need regular attention.
4 The cost of redecorating, or cosmetic repairs to parts or equipment in your home.
5 Any claim where your home has been left unoccupied for 30 consecutive days.
6 Any claim arising from an insured persons failure to comply with our instructions in respect of the assistance being provided.
7 Any costs incurred before an insured person has notified us of a home emergency.
8 Claims arising from any willful or negligent act or omission by an insured person.
9 Any claim relating to the interruption, failure or disconnection of the mains electricity, mains gas or mains water supply.
10 Any claim relating to the failure of equipment or facilities which is a result of them being incorrectly installed, repaired or modified, or which is caused by a design fault which makes them inadequate or unfit for use.
11 Claims for parts or labour if the equipment or facility is still under guarantee or warranty from the manufacturer, supplier or installer.
12 The malfunction or blockage of septic tanks, cesspits or fuel tanks.
13 Damage incurred in gaining necessary access to, or in reinstating the fabric of, your home.
14 Any claims arising out of subsidence, landslip or heave.
15 Any properties that you own that are not your main residence or that you rent or let.
16 Damage to boundary walls, gates, hedges or fences and any damage to garages or outbuildings.
17 Any claim related to an insured persons failure to purchase or provide sufficient gas, electricity or other fuel source.
18 Any costs incurred where our approved contractor has attended but your home was unoccupied.
19 Home emergencies caused by, contributed to by or arising from:
- ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from burning nuclear fuel;
- the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear part of it;
- war, invasion, foreign enemy hostilities (whether war is declared or not), civil war, rebellion, revolution, military force or coup;
- pressure waves caused by aircraft or any other airborne devices travelling at sonic or supersonic speeds;
- pollution or contamination of any kind.
20 Apart from us, the insured person is the only person who may enforce all or any part of this policy and the rights and interests arising from or connected with it.
This means that the Contract (Rights of Third Parties) Act 1999 does not apply to the policy in relation to any third party rights or interest.
21 Any claim directly or indirectly caused by or resulting from any device failing to recognise, interpret, or process any date as its true calendar date.
Conditions
1 Claims must be reported to us as soon as possible and no later than 48 hours after you first become aware of the home emergency.
2 An insured person must:
(a) keep to the terms and conditions of this policy;
(b) maintain the home and all domestic equipment in good condition, and carry out or arrange regular inspections and preventative maintenance to the fabric and structure of the home;
(c) try to prevent anything happening that may cause a claim;
(d) take reasonable steps to keep any amount we have to pay as low as possible.
3 We can cancel this policy at any time as long as we tell you at least 14 days beforehand. You can cancel this policy at any time as long as you tell us at least 14 days beforehand.
4 We will make every effort to provide the service at all times, but we will not be responsible for any liability arising from a breakdown of the service for reasons we cannot control.
5 We will not pay for any loss that is not directly covered by the terms and conditions of this policy. For example, we will not pay to replace a carpet damaged
by a leak or for time taken off work because of a home emergency.
6 We will not pay any claim covered under any other policy, or any claim that would have been covered by any other policy if this policy did not exist.
7 This policy will be governed by English law.collapse

Part D - Buildings standard cover
What is covered
Loss or damage to the Buildings by the following causes:
15 Replacement of locks.
The Insurer will pay for the cost of replacing keys and locks or lock mechanism to:
i external doors and windows of the Home
ii a safe within or an alarm protecting the Home following the loss of their keys.
What is not covered
The cost of replacing keys and locks to a garage or outbuilding.
The Insurer will not pay more than £500 for any one claim.
This cover can be found under both the Buildings and Contents sections. Where both sections are in force the Insurer will only pay under one section.collapse

Part F - Family Legal Protection
Your policy schedule will indicate if you have taken out cover under this Part of the policy, which is underwritten by Ultimate Insurance Solutions Limited on behalf of certain underwriters at Lloyds. (Each underwriter is only liable for its share of the risk and not for each others share. You may ask for the names of the underwriters and the share of the risk each has taken on). In the event of us accepting your claim under this insurance, Ultimate will appoint a legal firm of their choice or their agents to handle your case. You are not covered for any other professional costs unless court proceedings are issued.
Statement of demands and needs
This Part of the Policy meets the demands and needs of customers who wish to purchase an insurance product to cover the professional costs arising from an event or cause occurring in the territory during the period of insurance involved in either;
(a) pursuing a claim:
(i) as a consumer to recover losses; and/or
(ii) concerning your rights as owner of your permanent place of residence; and/or
(iii) for an accident causing personal injury; and/or
(iv) for a claim for unfair dismissal; and/or
(b) defending a claim as consumer.
Definitions:
The general definitions at the beginning of this Policy under "What the terms mean" also apply where appropriate but the following definitions apply only to this Part of the Policy:
Court
means a court, tribunal or other appropriate authority
Event/Cause
means the incident or the start of a series of incidents, which leads to a claim being made.
Professional Costs
means the reasonable and proportionate fees, expenses, costs and disbursements incurred by or on behalf of you and authorised by us in pursuing a claim under this Part of the Policy; and the costs of a third party for which you are either held liable by court order or are agreed by us.
Legal Proceedings
means pursuit or defence of a claim for damages, specific performance or injunction, either by negotiation or by civil tribunal or arbitration in respect of any matter covered under this Part of the Policy. The pursuit or defence must be approved in advance by us.
Authorised Representative
means the solicitors or other qualified experts appointed by us to act for you in accordance with General Condition 2.
We/Us/Our
Ultimate Insurance Solutions Limited (FSA Registration 311649), The Connect Centre, Kingston Crescent, North End, Portsmouth, Hants PO2 8DE (Home State; United Kingdom) on behalf of certain underwriters at Lloyds (FSA 202761) One Lime Street, London EC3M 7HA (Home State; United Kingdom). All are authorised and regulated by the Financial Services Authority.
Ultimate Insurance Solutions Limited is a Lloyds Coverholder who has been granted authority to accept insurance and to handle and authorise claims under this Part of
the Policy.
Territory
means Great Britain, Northern Ireland, the Isle of Man and the Channel Islands.
Offer to Settle
means an offer to settle made under Part 36 of the Civil Procedure Rules.
Permanent Place of Residence
means the property to which this Policy relates and is shown in the Policy schedule provided this is the permanent place of residence.
Extent of Cover
The maximum amount of professional costs that we will pay for any claim from a single event or cause is £50,000. There is no limit on the number of claims in any period of insurance.
Goods
means items you own or which you can use, or have possession or custody of. However this does not include:
- motorised vehicles or parts of them or servicing, repairing or maintenance of them.
- land, buildings
- items used for business purposes
Service
means the provision of any service for which you have engaged any suitably qualified contractor.
This does not include:
- motorised vehicles or parts of them or servicing, repairing or maintenance of them
- land, buildings
- items used for business purposes
Pursuit of a claim
(1) We will indemnify you against the professional costs of legal proceedings incurred in connection with the pursuit of a claim directly arising from one of the following events or causes, which occurs within the territory and within the period of insurance:
Consumer Protection
(a) an agreement entered into (or allegedly entered into) for the sale, purchase or hire of any goods or services for your private use including the purchase of your permanent place of residence. The amount in dispute must exceed £125. The agreement (or alleged agreement) must have been made or renewed within the period of insurance.
The dispute must not be connected to your trade, business or profession;
(b) An accident causing your death or bodily injury except where the event or cause occurs either as a result of alleged medical negligence or causes the onset of an industrial disease or occurs gradually over a period of time;
(c) an employment dispute which may or does give rise to you making an application to an Employment Tribunal for Unfair Dismissal as defined in Part 10 of the Employment Rights Act 1996 or by the Employment Rights (Northern Ireland) Order 1996 or to any amendments to these pieces of legislation. The event or cause must occur at least 120 days after this insurance Policy started, unless the Policy has been renewed continuously;
(d) any infringement of your legal rights arising from or relating to your ownership or occupation of your permanent place of residence where the event or cause occurs at least 120 days after this insurance Policy started unless the Policy has been renewed continuously.
Defence of a claim
(2) We will indemnify you against the professional costs of legal proceedings incurred in connection with the defence of a claim in the territory directly arising from an agreement entered into (or allegedly entered into) for the sale, purchase or hire of any goods or services. The amount in dispute must exceed £125. The agreement (or alleged agreement) must have been made or renewed within the period of insurance.
The dispute must not be connected to your trade, business or profession.
Jury Service
(3) We will make a financial payment to you if you are required to attend Jury Service. The amount of the payment will be calculated as follows: For each working day
(meaning a day you would normally attend work) when you are unable to attend work as a result of the Jury Service, we will make a payment equal to: 1/250th of your annual salary on the first day of Jury Service if you are employed full time;
or a proportionate amount starting on the eleventh day of Jury Service based on the number of days normally worked by you if you are employed part time.
A deduction from the payment will be made representing the amount you are entitled to claim from the court, tribunal or employer whether or not such amount is recovered. No payment will be made for the first 10 days of Jury Service.
What is not covered:
(1) Appeals unless you have notified us in writing of your wish to appeal at least ten working days before the deadline for giving notice of any such appeal expires and our approval has been obtained.
(2) Claims and defences which, in our opinion, do not have a reasonable chance of success or, in the case of claims for damages where in our opinion, there is not a
reasonable chance of successfully recovering a large part of the damages awarded. Cover may be refused or discontinued if such prospects do not, or no longer, exist.
(3)Professional Costs:
(a) incurred before we have confirmed acceptance of the claim in writing;
(b) exceeding any amount approved by us;
(c) incurred following a payment into court or offer to settle by a third party unless we have authorised you in writing to continue with the claim after the payment into court or offer to settle or you are ultimately awarded or settle for more than the amount of the payment in or offer to settle;
(d) incurred if you withdraw instructions from the authorised representative or from the legal proceedings unless we approve such withdrawal;
(e) incurred in the pursuit of a claim or defence where you act fraudulently or mislead us or the authorised representative;
(f) incurred for any expert witness unless previously approved by us;
(g) incurred where you are responsible for unreasonable delay which is prejudicial to the claim or where you fail to give proper instructions in due time to us or the authorised representative;
(h) incurred where you pursue a claim without our consent or in a different manner from that advised by the authorised representative;
(i) incurred in avoidable or unnecessary correspondence.
(4)Claims against us, or claims by you against any other person covered under this Policy.
(5)Claims relating to matters for which you are or would, but for the existence of this Policy, be entitled to indemnity under any other policy.
(6)Claims directly, or indirectly caused by, contributed to by or arising from:
(a) any sickness, disease or naturally occurring condition or degenerative process relating to you;
(b) any allegation of your dishonesty or violence by you or an deliberate or criminal act or omission by you;
(c) any reckless conduct by you;
(d) subsidence, mining, quarrying;
(e) patents, copyrights, trademarks, merchandise marks, registered designs, intellectual or artistic property, secrecy and confidentiality agreements;
(f) libel or slander or malicious falsehood;
(g) divorce, matrimonial matters, cohabitation, custody, access, maintenance or affiliation;
(h) any works by or under the order of any government or public or local authority;
(i) the Equal Pay Act 1970 or any amending legislation;
(j) a dispute between a landlord and tenant;
(k) a dispute with a rating authority on rateable values;
(l) planning law including town and country planning legislation;
(m) any investigation by Her Majestys Revenue and Customs (HMRC);
(n) any claim where you enter into Conditional Fee Arrangement with an authorised representative;
(o) a lease or licence to occupy land or property;
(p) legal proceedings where a reasonable estimate of your total professional costs is greater than the amount in dispute.
(7)Your travelling expenses, subsistence allowances or compensation for absence from work.
(8) Applications for Judicial Review.
General Conditions
(1) To make a claim you must:
(a) notify us of the claim in writing as soon as reasonably possible and in any event within 180 days of the event or cause leading to the claim;
(b) commence any legal proceedings within the appropriate limitation period;
(c) in the case of a claim for cover for Jury Service, notify us immediately on receipt of the notice requiring Jury Service attendance, complete and return any claim form within 14 days of completion of the Jury Service and provide us with such information and documentation as we may reasonably require.
(2) On receipt of a claim under this Part of the Policy we will evaluate the claim, advise on the steps you should take to pursue the claim and, where appropriate, appoint an authorised representative. If the claim is not settled by negotiation and proceedings are necessarily issued, you do not have to continue to instruct the
authorised representative nominated by us and may propose another authorised representative.
If we and you are unable to agree on a suitable authorised representative, we will ask the Law Society to name a further authorised representative.
We and you must accept the Law Society's nomination. In the meantime, we may appoint an authorised representative to act on behalf of you to safeguard your interests.
(3) During the course of the claim you must:
(a) co-operate at all times in the completion of any necessary documentation or provision of information and instructions requested either by us or by the authorised representative;
(b) not do anything, which may prejudice your case or our position in respect of the claim;
(c) take all available steps to recover the professional costs in the legal proceedings;
(d) notify us of any settlement offer made before accepting it.
(4) During the course of the claim we will have the right of direct access to the authorised representative.
(5) We shall not provide cover under this part of the Policy if you make a false declaration when applying for cover.
(6)You shall take all reasonable steps to prevent any occurrence, which may give rise to a claim under this Part of the Policy.
(7) You shall forward any accounts for professional costs as soon as theyre received and, if required to do so by us, shall have such professional costs taxed,
assessed or audited by the appropriate court or authority.
(8) We may take over and conduct the claim and may, subject to your interest, settle the claim in your name.
(9) This Part of the Policy is governed by the laws of England and Wales, unless you and we agree otherwise and the agreement has been put in writing by us.
(10) The parties do not intend any terms of this agreement to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999.
(11) All communication under this Part is to be conducted in English.
Your right to Cancel
You have the right to cancel this Part of the Policy within 14 days of the date on which you received the Policy documents. You will receive a full return of the premium paid, unless you have made a claim within that period in which case the full premium is due to be paid by you.
If you cancel this Part after this period, you will not be entitled to any refund of premium. If you cancel your Household Insurance policy, the Family Legal Protection Part will be cancelled at the same time.
To cancel this Part of the Policy, please write to or call:
The Administrator, BDML Connect Limited, The Connect Centre, Kingston Crescent, Portsmouth PO2 8QL.collapse