M&S HOME INSURANCE

Policy Booklet

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 How to get help
Claims Contact Opening hours
Please have your policy
number to hand when you call
Home claims 08000 512 556
Legal expenses claims 08000 514 004
Home emergency claims 08000 512 658
Personal Legal and Tax helpline 08000 514 004
You will only be able to use the helpline if H
24 hours a day 365 days a year
you have taken out Legal expenses cover. M
(Advice is limited to the laws and practices D
of England and Wales, Scotland, Northern B
Ireland, the Channel Islands and the Isle of B
Man)
C
Customer Services
C
Policy queries
8am – 9pm Monday to Friday C
Cancelling a policy
9am – 6pm Saturday G
Amendments to a policy 0800 015 7760
10 am – 2pm Sundays and Bank G
Requests for large print, audio or Braille policy
Holidays
documents if you have a disability
Complaints
Policy and Sales complaints 0800 0157760 or write to
M&S Home Insurance, PO Box 7463, Perth, PH2 0YX
Claims complaints 0800 051 4446 or write to
Customer Care Team, Aviva, Pitheavlis, Perth, PH2 0NH
Home emergency complaints (claims Call HomeServe on 0345 300 3346 or write to them at
or anything related to cover terms and HomeServe Membership Limited, Cable Drive, Walsall WS2 7BN
conditions)
Legal expenses claims complaints Call Arc on 0800 096 5850

Telephone call charges and recording What to do if you’re unhappy

Calls to 0800 numbers from UK landlines and mobiles are free. The If you have a complaint please see above for the contact numbers.
costs of calls to 03 prefixed numbers are charged at national call You can find details of the complaints procedure in the “If You Have
rates (charges may vary depending on your network provider) and are a Complaint” section of the ‘Important Information’ document.
usually included in inclusive minute plans from landlines and mobiles.
For our joint protection telephone calls may be recorded and/or
monitored.

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 Helpful information about your home Getting ready to claim
insurance policy Having the right information to hand when you’re telling us about a
claim will help us to get things moving quickly. Here’s what’s likely to
Information and changes we need to know about be useful:

You must take reasonable care to provide complete and accurate • Your home insurance policy number.
answers to questions we ask when you take out, make changes • Photos of damaged or lost property. For buildings damage it is
to and renew your policy (please see the General conditions for helpful to have close up and distance shots to see the damage in
more information). detail as well as its location.
• Receipts, quotes or invoices, where appropriate.

Finding your way around Page • Estimate of the size of the affected area where buildings or
carpets are damaged. It can also help to tell us the size of the
How to get help 2 affected rooms.

Making a claim 3
Please remember – in the same way that your car insurance doesn’t
Definitions 4 pay to repair your car if it rusts, this policy won’t cover wear and tear,
ageing or (except for optional Home emergency cover) breakdowns.
Buildings section 5
Buildings conditions 7
Key
Contents section 7 To help you when you read your policy:
Contents away from home section and conditions 10 These boxes highlight information we want to particularly draw your
attention to.
Contents conditions 20
General conditions (including your cancellation rights) 20 These boxes give you additional helpful information.

General exclusions 22 Bold text Words or phrases in bold have the meanings described
in the ‘Definitions’ section.
Making a claim
If you need to make a claim or have a query about something that’s
happened please see the contacts on the previous page. Please always
call us if you need urgent help, for example:
• your home isn’t secure (eg damaged locks, doors or windows),
• there is standing water in your home,
• a water leak is on-going or water is entering your home,
• anyone is at risk of injury,
• your home can’t be lived in.

Our personal claims managers offer help and advice around the clock
365 days a year. We want your claim to be as stress-free
as possible. If the incident is covered we’ll take care of the
arrangements. You just have to pay the excess. Once we have your
claim details we’ll put wheels in motion and explain what will happen
next. Some claims can be settled immediately on the first call but if it
takes longer we’ll keep you informed about progress.

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 Definitions • golf carts and trolleys;
• toys and models remotely controlled by a pedestrian;
Wherever the following words or phrases appear in bold in this policy,
they will have the following meanings unless otherwise shown for any • electrically assisted pedal cycles.
policy section.
Period of Insurance
Accidental damage The period of time covered by this policy, as shown on your Schedule,
or until cancelled.
Damage caused suddenly and unexpectedly by an external force.
Personal Money
British Isles
Cash, cheques, postal orders, unused postage stamps, savings stamps
The United Kingdom, Republic of Ireland, the Channel Islands and the and certificates, premium bonds, luncheon and gift vouchers, season
Isle of Man. and travel tickets, pre-loaded cash cards and phone cards, all held for
social, domestic or charitable purposes.
Buildings
a) The home, swimming pools, ornamental ponds and fountains,
Schedule
hard courts, terraces, patios, drives, footpaths, walls, fences, gates, The document which gives details of the cover and sum insured limits
hedges, fixed solar heating systems, fixed wind turbines, air and you have.
ground source heat pumps, electric vehicle charging points, septic
tanks, cesspits and fixed tanks providing fuel to the home. Settlement
b) Fixtures, fittings and decorations. Downward movement of the land beneath the buildings as a result of
compaction due to the weight of the buildings
These must all be at the address shown on your Schedule.
Storm
Clauses
An unusual weather event with persistent high winds usually
Changes to the terms of your policy. These are shown on your
associated with rain, thunder, lightning or snow.
Schedule.

The wind speed or gust should normally exceed 55mph

Contents
(48 knots) to be a ‘storm’ but we take other factors into
Household items, frozen foods, pedal cycles and personal belongings consideration such as where the property is sited. A storm can
(including personal money, valuables and home office equipment up highlight defects rather than cause them and damage due to
to the limits shown on your Schedule) that: lack of maintenance, wear and tear or which happens gradually
• you own; is not covered.
• you are legally responsible for;
• belong to domestic employees who live with you. Subsidence
This includes personal belongings of visitors to the home (but not Downward movement of the land beneath the buildings that is not as
paying guests or lodgers), up to the limit shown on your Schedule. a result of settlement.

Personal belongings are clothes and items of a strictly personal nature Sum Insured
likely to be worn, used or carried for example mobile phones and
sports equipement. The amount shown on your Schedule as the most we will pay for
claims resulting from one incident unless otherwise stated in this
Domestic Employee Policy Booklet or any clause.

A person directly employed by you, solely to carry out domestic Unoccupied

duties in your home and/or its garden.
Not lived in by you or anyone who has your permission or does not
Excess contain enough furniture for normal living purposes.

The amount you will have to pay towards each separate claim.
By ‘lived in’ we mean that day-to-day activities such as bathing,
Heave cooking, eating and sleeping are regularly carried out in the home.

Expansion or swelling of the land beneath the buildings resulting in

upwards movement. Valuables
Home Stamp, coin or medal collections, pictures, other works of art, items of
gold, silver or any other precious metal, jewellery, watches and furs.
a
The house or flat, its outbuildings (including garages) and the total
We, Us, Our p
area of the plot, as described on the title deeds, at the address shown
on your Schedule, all used for domestic purposes. Aviva Insurance Limited (unless otherwise shown for any policy
Home office equipment section).

Office furniture, computers and other keyboard based office You, Your
equipment, printers, fax machines, photocopiers, telephones and The person (or people) named on your Schedule, their domestic
answer phones that you own or are legally responsible for and used for partner and members of their family (or families) who are normally
business or professional purposes. living with them and their foster children who live with them.
Landslip
This includes family members who are students and normally
Movement of land down a slope. live in the home outside of term time.
Motorised Vehicle
Any electrically or mechanically powered vehicle, other than:
• vehicles used only as domestic gardening equipment within the
home;
• vehicles designed to help disabled people (as long as the vehicles
are not registered for road use);

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 Buildings section We will also pay for any reasonable additional costs incurred for
alternative accommodation for you, your family and your domestic
This section only applies if shown on your animals if you have been evacuated from your home because of risks
to your health and safety from something external to your home.
Schedule.
M&S Home Insurance offers a choice of two levels of cover, Standard
 hen we refer to ‘reasonable accommodation expenses’
W
or Premier. If you have selected Buildings cover, your Schedule will
in this section this means that we will pay for alternative
show which level of cover you have selected. The terms and conditions
accommodation taking all of the circumstances of your claim
for Standard and Premier are different; please ensure you refer to the
into account, including your needs, the length of time for which
section of cover that you have selected. If you have selected Buildings
accommodation is needed and alternative (and comparable costs
cover, you are also covered for your liability to the public arising as
of) accommodation available locally. We are happy to discuss and
a result of owning the buildings. The terms and conditions for Public
can offer help in finding accommodation.
Liability are also covered in this section.
You can choose to move between Standard and Premier cover at any Accidental damage to services, fixed glass and
time, if you wish to change your cover please call customer service to
sanitary fittings
review your cover.
We will cover accidental damage to:
Standard Buildings a. cables, pipes, septic tanks and drain inspection covers you are
legally responsible for which serve the buildings, including
If you have chosen Standard buildings it will be shown in your
up to £1,000 for the cost of breaking into (then repairing and
Schedule, along with any other limits that may apply.
backfilling) an underground pipe you are legally responsible
for, to clear a blockage, between the main sewer and the home
What is covered What is not covered
if this is necessary because normal methods of releasing the
The cover provided by this Anything set out in the blockage are unsuccessful;
section is explained below. Standard Buildings section
b. fixed glass and sanitary fittings installed at the home. This
exclusions, or General
includes glass in solar-panels, baths, shower trays, shower
exclusions section of this
screens, bidets, wash basins, splashbacks, pedestals, sinks, toilet
Policy Booklet.
pans and cisterns.
We will provide cover for loss Emergency access
of or damage to the buildings
caused by any of the following: We will cover damage to the home caused while gaining necessary
access to deal with a medical emergency or to prevent damage to
the home.
1. Fire, explosion, lightning, earthquake or smoke
Tracing and Accessing Leaks
2. Storm or flood.
If the buildings are damaged due to an oil leak or water escaping
3. a. Riot, civil unrest, strikes, or labour or political disturbances.
from water tanks, pipes, equipment or fixed heating systems in the
b. Malicious people or vandals. home. We will pay the reasonable cost of removing, replacing and
4. Being hit by: reinstating any part of the buildings necessary to find the source of
a. aircraft or other flying objects or anything falling from them; any water or oil leak and making good.
b. vehicles or animals. Selling your home
5. a. Water escaping from water tanks, pipes, equipment or fixed
If you have contracted to sell the buildings and they are damaged
heating systems.
before the sale is completed, the buyer (if not otherwise insured)
b. Water freezing in tanks, equipment or pipes. will be entitled to benefit from this insurance (for the damage or
6. Heating fuel leaking from a fixed heating system. destruction) once the sale has been completed.
7. Theft or attempted theft.
8. Falling radio or television receiving aerials (including satellite dishes), Standard Buildings including
their fittings and mast. accidental damage
9. Subsidence or heave of the land on which the buildings stand, or
If you have chosen Standard Buildings including accidental damage
landslip.
it will be shown in your Schedule.
10. Falling trees or branches
If we accept a claim for damage to buildings by falling trees we will What is covered What is not covered
also pay reasonable costs you have to pay for removing the fallen
Accidental damage to the Anything set out in the
part of the tree or the whole tree if uprooted.
buildings. Standard buildings section
Replacement locks exclusions, or General
exclusions section of this
If keys to external doors of the home or alarm systems or safes fitted Policy Booklet.
in the home are accidentally lost or stolen, we will pay to replace the
locks or lock mechanisms up to the limit shown on your Schedule.

Loss of rent and the cost of alternative

accommodation
If we have accepted a claim for damage to the home and the damage
means your home can’t be lived in, we will pay:
a. ground rent you still have to pay;
b. rent payable to you, or (if not otherwise insured) reasonable
additional accommodation expenses your tenant has to pay;
c. any reasonable additional accommodation expenses for you and
your domestic animals
up to the limit shown on your Schedule, until the home is ready to live
in.

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 Standard Buildings section exclusions We will also pay for any reasonable additional costs incurred for
alternative accommodation for you, your family and your domestic
• anything set out in the General exclusions section of this Policy animals if you have been evacuated from your home because of risks
Booklet. to your health and safety from something external to your home.
Under the Standard buildings section we will not cover:
 hen we refer to ‘reasonable accommodation expenses’
W
• the excess(es) shown on your Schedule (no excess applies to
in this section this means that we will pay for alternative
Emergency access and Liability to the public).
accommodation taking all of the circumstances of your claim
• loss or damage caused by storm to fences, and gates; into account, including your needs, the length of time for which
• loss or damage to trees, plants or bushes unless caused by the fire, accommodation is needed and alternative (and comparable costs
police or ambulance service; of) accommodation available locally. We are happy to discuss and
• solar panels and wind turbines that are not permanently installed on can offer help in finding accommodation.
the home.
Under the Standard buildings including accidental damage section 5. Selling your home
we will not cover: If you have contracted to sell the buildings and they are damaged
before the sale is completed, the buyer (if not otherwise insured)
Damage caused by:
will be entitled to benefit from this insurance (for the damage or
• anything specifically excluded under Standard Buildings cover; destruction) once the sale has been completed.
• frost; 6. Emergency access
• subsidence, heave, landslip, settlement or shrinkage of the buildings; We will cover damage to the home caused while gaining necessary
• water entering the home regardless of how this happened (please access to deal with a medical emergency or to prevent damage to the
note – certain water damage is covered under The Buildings home.
Section);
• settlement or shrinkage of the buildings; Premier Buildings section exclusions
• chewing, scratching, tearing or fouling by domestic animals; Under the Premier buildings section we will not cover:

• the alteration or extension of the buildings or the cost of • the excess(es) shown on your Schedule (no excess applies to
maintenance or routine decoration; Emergency access and Liability to the public);
• paying guests or tenants; • loss or damage to trees, plants, or bushes unless caused by the fire,
police or ambulance service;
• the excess(es) shown on your Schedule.
• solar panels and wind turbines that are not permanently installed on
Premier Buildings the home;
If you have chosen Premier Buildings it will be shown on your • anything set out in the General exclusions section of this Policy
Schedule, along with any other limits that may apply. Booklet.

What is covered What is not covered Buildings section – public liability

This section applies to both Standard and Premier Cover and will be
The cover provided by this Anything set out in the Premier
shown in your Schedule, if you have selected Buildings cover, along
section is explained below: buildings section exclusions
with the limits that apply.
or General exclusions section
of this Policy Booklet. Your liability to the public
1. Loss or damage to the buildings. What is covered What is not covered
2. Tracing and accessing leaks
(See the important note below) Anything set out in the Liability
If the buildings are damaged due to an oil leak or water escaping from to the public exclusions
We will cover your legal liability
water tanks, pipes, equipment or fixed heating systems in the home. section of this Policy Booklet:
to pay damages and claimants’
We will pay the reasonable cost of removing, replacing, and reinstating
costs and expenses up to the
any part of the buildings necessary to find the source of any water or
limit shown on your Schedule
oil leak and making good at the home.
for:

 here we refer to the term ‘reasonable’ in the Tracing and

W • accidental bodily injury or
accessing leaks, we mean that we will pay costs for goods and illness;
services which are competitive in the relevant marketplace. • accidental loss of or damage
to property;
3. Replacement locks happening during the period
If keys to external doors of the home or alarm systems or safes fitted of insurance and arising from
in the home are accidentally lost or stolen, we will pay to replace the you owning the building and its
locks or lock mechanisms up to the limit shown on your Schedule. land. This also includes claims
made against you under section
4. Loss of rent and the cost of alternative accommodation 3 of the Defective Premises Act
If we have accepted a claim for damage to the home and the damage 1972 (or the Defective Premises
means your home can’t be lived in, we will pay: Northern Ireland Order 1975)
for any former property owned
a. ground rent you still have to pay;
and insured under the Buildings
b. rent payable to you, or (if not otherwise insured) reasonable section for accidents happening
additional accommodation expenses your tenant has to pay; during the period of insurance,
or up to seven years afterwards,
c. any reasonable additional accommodation expenses for you and
provided it is not covered by
your domestic animals
any other insurance. We will also
up to the limit shown on your Schedule, until the home is ready to pay all your costs and expenses
live in. that we have already agreed to
in writing.

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 Replacement will be on a like for like basis or based on the nearest
Important Note equivalent available in the current market. If we can repair or
(If you are the owner and occupier of the home insured by this replace property but agree to make a cash or voucher settlement
policy). we will only pay you what it would cost us to repair or replace it.

Accidents which happen in buildings or on land are, by law, nearly What we will pay
always the responsibility of the occupier (the person who lives in
The most we will pay for loss or damage arising out of one incident
the building or on the land) rather than the owner.
is the cost of rebuilding your home in the same size, style and
If you are both the owner and the occupier of the building, please appearance as at the time of the loss, up to the buildings sum
remember that Your liability to the public does not cover your insured shown on your Schedule. If the buildings are severely
legal liability as the occupier of the home and its land. To protect damaged requiring demolition and rebuilding, where possible
yourself, you will need to arrange contents insurance which and when you agree, we will aim to rebuild in line with sustainable
provides Occupier’s liability cover. home building practices (level 4 of the Code for Sustainable
Housing as described by the government). Further information
on the requirements for sustainable homes can be obtained at
Your liability to the public exclusions www.planningportal.gov.uk/uploads/code_for_sust_homes.pdf.
This will include recycling or disposing of building waste in an
Under Your Liability to the public we will not cover: appropriate environmental manner.
Liability in connection with; The limits in your Schedule are subject to the maximum amount of
• you occupying the building and its land; cover you have chosen and are not in addition to it.
• any accidental bodily injury or illness to any domestic employee if If we accept a claim under The Buildings section we will also pay
the injury or illness happens as a result of or in the course of their for:
employment by you;
a. Architects’ and surveyors’ fees to repair the buildings. These
• loss of or damage to property which belongs to you or is in your fees must not be more than those recommended by the
care; relevant professional institutes.
• any motorised vehicle; b. The cost of demolishing or supporting the damaged parts of
• any electrically assisted pedal cycle the buildings which we have agreed to pay.
a) within England, Wales, and Scotland where their is a legal c. The cost of meeting building regulations or municipal or local
requirement to pay Vehicle Exercise Duty for road use (see authority bye-laws.
www.gov.uk/electric-bike-rules);
b) anywhere outside of England, Wales and Scotland; What we will not pay
• any agreement unless you would still have been liable without that We will not pay:
agreement; • fees for preparing a claim under (a),
• your trade, business or profession (except as landlord of the home). under (c) for costs you are legally responsible for paying because
• 
of a notice served on you before the date of the loss or damage,
Buildings section – Protected no claims discount
any reduction in the market value of the home as a result of an
• 
If you have chosen to protect your no claims discount on Buildings it insurable event.
will be shown on your policy Schedule.
Pairs, Sets and Suites
Protected no claims discount is available to ensure your no claims
discount will not reduce and your premium will not increase as a direct If we are unable to repair or replace a damaged item that forms part
result of a claim under the Buildings section. of a pair, set, suite or any other items of a uniform nature, design or
colour we will pay for the cost of replacing any undamaged items.
From the day you add on protected no claims discount your no claims
discount will not reduce and your premium will not increase as a direct If we ask, you will be required to give us any undamaged items that
result of a claim unless: we have paid to have replaced. We will talk you through this process
if requested.
• two claims occur within any 5 year period, in which case your no
claims discount will not reduce but protection against further claims 2. No claims discount
will be lost, this means if you have a subsequent claim your no
claims discount will be reduced to zero and your premium will be If you make a claim under your policy, your no claims discount will
impacted at your next renewal. be reduced to zero at the renewal dated of your policy (unless you
have bought the protected no claims discount optional cover). If
NOTE - A 5 year period starts when a claim occurs. If another claim
you do not make a claim under your policy, we will increase your
does not occur within 5 years, a new 5 year period will start when the
no claims discount at the renewal date of you policy until you reach
next claim occurs.
our maximum of 5 years.
In order to be eligible for protected no claims discount you must have: See also General conditions section of this Policy Booklet.
• 5 years no claims discount as calculated by us; and
• be claim free for at least the last 3 years.
Contents section
This section only applies if shown on your Schedule.
You must also have an excess of at least £100.
M&S Home Insurance offers a choice of two levels of cover, Standard
Buildings conditions or Premier. If you have selected Contents cover, your Schedule will
show which level of cover you have selected. The terms and conditions
The following conditions apply to the Standard and Premier for Standard and Premier are different; please ensure you refer to the
Buildings section, and Accidental to change to accidental section of cover that you have selected. If you have selected Contents
section and Public Liability section cover, you are also covered for Occupier’s, personal and employer’s
liability. The terms and conditions for Occupier’s Personal and
1. Settling claims Employer’s liability are also covered in this section.
We can choose to settle your claim by; You can choose to move between Standard and Premier cover at any
• replacing time, if you wish to change your cover please call customer service to
review your cover.
• reinstating
• repairing
• payment

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 Standard contents – in the home Emergency access
If you have chosen Standard Contents it will be shown on your We will cover damage to contents caused while gaining necessary
Schedule, along with any other limits that may apply. access to the home to deal with a medical emergency or to
prevent damage to the home.
What is covered What is not covered
Loss of rent and the cost of alternative
The cover provided by this Anything set out in the accommodation
section is explained below: Standard Contents section
exclusions, or General If the home can’t be lived in due to damage which would be covered
exclusions section of this under the Standard Buildings sections numbered 1 to 10 we will pay
Policy Booklet. for:
a. rent payable to you or (if not otherwise insured) reasonable
We will cover loss or damage to contents in the home caused by: additional accommodation expenses your tenant has to pay;
1. Fire, explosion, lightning, earthquake or smoke. b. reasonable additional accommodation expenses for you and your
2. Storm or flood. domestic animals up to the limit shown on your Schedule, until
3. a) Riot, civil unrest, strikes and labour or political disturbances. the home is ready to live in.
b) Malicious people or vandals. We will also pay rent payable for which you are legally liable, and
4. Being hit by: reasonable additional costs incurred for alternative accommodation
for you, your family and your domestic animals if you have been
a) aircraft or other flying objects, or anything falling from them; evacuated from your home because of risks to your health and safety
b) vehicles or animals. from something external to your home.
5. Water escaping from water tanks, pipes, equipment or fixed heating
system.  hen we refer to ‘reasonable accommodation expenses’
W
6. Heating fuel leaking from a fixed heating system. in this section this means that we will pay for alternative
accommodation taking all of the circumstances of your claim
7. Theft or attempted theft.
into account, including your needs, the length of time for which
8. Falling radio or television receiving aerials (including satellite dishes), accommodation is needed and alternative (and comparable costs
their fittings and masts. of) accommodation available locally. We will be happy to discuss
9. Subsidence or heave of the land on which the home stands, or and can offer help in finding accommodation.
landslip.
10. Falling trees or branches. Household removals
Accidental damage to home entertainment We will cover contents accidentally damaged or stolen during
equipment, mirrors and glass professional removal from the home to your new permanent home
(including while in temporary storage for up to seven days) within the
a) television sets (including digital and satellite receivers), dvd/video British Isles.
players and recorders, games consoles, home computers and
audio equipment in the home; Electronic Data Downloads
b) to mirrors, fixed glass in and glass tops of furniture, ceramic hobs Loss or damage to electronic data downloads following loss or
and ceramic tops of cookers and glass oven doors while in your damage to contents.
home.
Title Deeds
Contents temporarily removed from the home
We will pay for the cost of preparing new title deeds for your home if
We will cover, up to the limit shown on your Schedule, loss of or there are lost or damaged.
damage to contents while temporarily removed from the home to:
Tenant’s liability
a) any building where you are living, while attending full-time
education; We will provide cover up to the limit shown on your Schedule if you
are legally responsible as a tenant for:
b) any nursing or care home (this includes contents belonging to
your dependant relatives which they have with them while living in a) loss of or damage to the home and fixtures and fittings and
a nursing home). contents belonging to the landlord by any of the causes listed
under Contents in the home section 1 to 10.
Plants in the garden b) accidental damage to:
We will pay for loss or damage to plants, bushes, shrubs and trees • fixed glass and sanitary fittings installed at the home. This includes
while in the open within the boundaries of the land belonging to your glass in solar-panels, baths, shower trays, shower screens, bidets,
home. wash basins, splashbacks, pedestals, sinks, toilet pans and cisterns;
• cables, pipes, septic tanks and drain inspection covers which serve
Replacement locks
the home. Cover includes up to £1,000 for the cost of breaking into
If keys to external doors of the home, or alarm systems or safes fitted (then repairing and backfilling) an underground pipe you are legally
in the home are accidentally lost or stolen, we will pay to replace the responsible for, to clear a blockage between the main sewer and the
locks or lock mechanisms up to the limit shown on your Schedule. home if this is necessary because normal methods of releasing the
blockage are unsuccessful.
Food in freezer(s)
Standard Contents including accidental damage
We will cover loss of or damage to food stored in a freezer in the home
due to a change in temperature or contamination by freezing agents. If you have chosen this section it will be shown in your Schedule along
with any other limits that may apply.
Loss of domestic heating fuel and metered water
We will cover accidental leakage of domestic heating fuel or metered What is covered What is not covered
water up to the limits shown on your Schedule. Accidental loss or damage to Anything set out in the
contents while in your home. Standard Contents section
Theft of domestic heating fuel is covered under Contents in the exclusions, or General
home. exclusions section of this
Policy Booklet.

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 Standard Contents section exclusions Plants, bushes, shrubs and trees
• anything set out in the General exclusions section of this Policy We will pay for loss or damage to plants, bushes, shrubs and trees
Booklet. while in the open within the boundaries of the land belonging to
Under the Standard Contents – in the home section we will not your home.
cover: Replacement locks
• the excess(es) shown on your Schedule (no excess applies to If keys to external doors of the home, or alarm systems or safes
Occupier’s, Personal and Employer’s liability and Emergency access); fitted in the home are accidentally lost or stolen, we will pay to
d • property insured by any other policy; replace the locks or lock mechanisms.
• accidental damage to laptops or other items designed to be Domestic heating fuel and metered water
portable, business items - items mainly used for business or We will cover theft and accidental leakage of domestic heating
professional purposes, other than office equipment; fuel or metered water.
• loss or damage caused by a deliberate act, or strikes by the Emergency access
company (or its employers) supplying your power;
We will cover damage to contents caused while gaining necessary
• data – the cost of remaking any data, information, programs, films or access to the home to deal with a medical emergency or to
recordings created by or specifically for you; prevent damage to the home.
• household removals - loss of or damage to personal money, Loss of rent and the cost of alternative accommodation
jewellery, watches, items of gold or platinum, stamps and coins;
If the home can’t be lived in due to damage which would be
• motorised vehicles, aircraft, boats, boards and craft designed to be covered under the Premier Building section we will pay for:
used on or in water, caravans and trailers, and the parts, spares and
a) rent payable to you or (if not otherwise insured) reasonable
accessories of any of these;
additional accommodation expenses your tenant has to pay;
• theft or attempted theft from any nursing home or from any
b) reasonable additional accommodation expenses for you and your
building where you are living while attending full time education,
domestic animals,
unless forcible and violent means are used to gain entry or exit;
up to the limit shown on your Schedule, until the home is ready to live
• theft of your pedal cycle unless the cycle is:
in.
– in your immediate custody and control; or We will also pay rent payable for which you are legally liable, and
– securely locked to an object that cannot be moved; or reasonable additional costs incurred for alternative accommodation
– in a locked building; for you, your family and your domestic animals if you have been
evacuated from your home because of risks to your health and safety
• plants – loss or damage caused by disease;
from something external to your home.
• any living creature.
Under the Standard Contents including accidental damage we will  hen we refer to ‘reasonable accommodation expenses’
W
not cover: in this section this means that we will pay for alternative
• the excess(es) shown on your schedule; accommodation taking all of the circumstances of your claim
into account, including your needs, the length of time for which
• anything specifically excluded under Standard Contents in the accommodation is needed and alternative (and comparable
home we will not cover: costs of) accommodation available locally. We will be happy to
– except accidental damage to laptops or other items designed to discuss and can offer help in finding accommodation.
be portable, business items - items mainly used for business or
professional purposes other than office equipment; Household removals
• damage caused by the process of cleaning, washing, repairing or We will cover contents accidentally damaged or stolen during
restoring any item; professional removal from the home to your new permanent home, or
• damage caused by chewing, scratching, tearing or fouling by one that your tenant will occupy, (including while in temporary storage
domestic animals; for up to seven days) within the British Isles.
• any loss that is not the direct result of the insured incident itself. Title Deeds
We will pay for the cost of preparing new title deeds for your home if
Premier Contents section they are lost or damaged.
Marks and Spencer Purchases in transit home
Premier – Contents in the home
We will pay for loss of or damage to purchases made from Marks and
If you have chosen Premier Contents it will be shown in your Spencer, while in transit from the store to your home.
Schedule, along with any other limits that may apply. Tenant’s liability
We will provide cover up to the limit shown on your Schedule if you
What is covered What is not covered
are legally responsible as a tenant for:
The cover provided by this Anything set out in the a) loss of or damage to the home and fixtures and fittings and
section is explained below: Premier Contents – in the contents belonging to the landlord by anything listed under ‘What
home section exclusions or is Covered’ under Contents in the home;
General exclusions section of
b) accidental damage to:
this Policy Booklet.
• fixed glass and sanitary fittings installed at the home. This includes
glass in solar-panels, baths, shower trays, shower screens, bidets,
Loss or damage to contents at the home
wash basins, splashbacks, pedestals, sinks, toilet pans and cisterns;
Contents temporarily removed from the home • cables, pipes, septic tanks and drain inspection covers which serve
the home. Cover includes up to £1,000 for the cost of breaking into
We will cover, up to the limit shown on your Schedule, loss of or
(then repairing and backfilling) an underground pipe you are legally
damage to contents while temporarily removed from the home to:
responsible for, to clear a blockage between the main sewer and the
• any building where you are living while attending full-time home if this is necessary because normal methods of releasing the
education; blockage are unsuccessful.
• any nursing or care home (this includes contents belonging to Electronic Data Downloads
your dependant relatives which they have with them while living
Loss or damage to electronic data legally downloaded that cannot be
in a nursing home).
recovered by other means, following loss or damage to your contents,
up to the limit shown on your Schedule.

J25713_CHDHG13985_0118.indd 9 1/16/18 12:00 PM

 Premier Contents in the home section exclusions
Under the Premier Contents in the home section we will not
Important Note
cover : (If you are the owner but not the occupier of the home insured
by this policy). Accidents which happen in buildings or on land
• the excess(es) shown on your Schedule (no excess applies to
are, by law, nearly always the responsibility of the occupier (the
Occupier’s, personal and employer’s liability and Emergency access);
person who lives in the building or on the land) rather than the
• motorised vehicles, aircraft, boats, boards and craft designed to be owner. If you are the owner but not the occupier of the building
used on or in water, caravans and trailers, and the parts, spares and please remember that Occupier’s, personal and employer’s
accessories of any of these; liability does not cover your legal liability as the owner of the
• theft of your pedal cycle unless the cycle is: home and its land. To protect yourself, you will need to arrange
– in your immediate custody and control; or buildings insurance which provides Your liability to the public
cover.
– securely locked to an object that cannot be moved; or
– in a locked building, Occupier’s, Personal and Employers Liability exclusions
• items mainly used for business or professional purposes, other than
Under Occupier’s, Personal and Employers Liability we will not cover:
office equipment;
• any living creature; Liability in connection with:

• loss of or damage during household removals to personal money, a) you owning land, buildings or other fixed property;
jewellery, watches, items of gold or platinum, stamps and coins; b) you living in or occupying land or buildings other than the home or
• the cost of removing the part of a fallen tree that is still below its land;
ground; c) aircraft other than pedestrian controlled toys or models;
• the cost of remaking any data, information, programs, films or d) you (or anyone on your behalf) owning, possessing or using;
recordings created by or specifically for you; • any motorised vehicle,
• plants – loss or damage caused by disease; • an electrically assisted pedal cycle,
• any loss that is not the direct result of the insured incident itself; a) within, England, Wales and Scotland where there is a legal
requirement to pay Vehicle Excise Duty for road use
• theft or attempted theft from any nursing home or from any
(see www.gov.uk/electric-bike-rules);
building where you are living while attending full-time education,
unless forcible and violent means are used to gain entry or exit; b) anywhere outside of England, Wales and Scotland;
• anything set out in the General exclusions section of this Policy e) caravans;
Booklet. f) boats, boards and craft designed to be used on or in water, other
than:
Contents Section – Occupier’s, Personal And • those only propelled by oars or paddles;
Employer’s Liability • pedestrian-controlled toys or models;
This section applies to both Standard and Premier Cover and will be g) deliberate or malicious acts;
shown on your Schedule along with the limits that may apply.
h) the passing on of an infectious disease or virus;
Occupier’s, personal and employer’s liability i) dangerous dogs as defined in the Dangerous Dogs Act 1991 (or
any later legislation);
What is covered What is not covered j) any agreement unless you would still have been liable without that
(See the important note below) Anything set out in the agreement;
Occupier’s Personal and k) any trade, business or profession;
Employers Liability exclusions
l) loss of or damage to property which belongs to you or is in your
section of this Policy Booklet.
care or control;

We will cover your legal liability to pay damages and claimants’ costs m) bodily injury or illness to you.
and expenses for:
For claims involving liability for bodily injury to or illness of a domestic
• accidental bodily injury or illness; employee working for you:
• accidental loss of or damage to property; happening during the • exclusions (a), (b), (c), (e), (f), (g), (h) and (k) will not apply;
period of insurance in:
• exclusion (d) will not apply unless cover or security is needed under
the British Isles;
– any of the Acts, Laws or Regulations which govern the
– 
the rest of the world, for temporary visits; driving or use of any motor vehicle in Great Britain, Northern Ireland,
the Isle of Man and the Channel Islands.
and arising:
as occupier (not as owner) of the home and its land;
–
Standard And Premier - Contents away from home
section
– 
in a personal capacity (not as occupier or owner of any building
or land); This section only applies when shown on your Schedule.
as employer of a domestic employee.
–
What is covered What is not covered
We will pay up to the relevant limit shown on your Schedule for each
incident. This means: Loss or damage to your Anything set out in the Contents
contents when they are away from home exclusions or
• the Employers Liability limit for claims made against you by a temporarily away from your General exclusions section of
domestic employee where the accident happens as a result of or in home anywhere in the world. this Policy Booklet.
the course of their employment by you;
• the Occupiers and Personal liability limit for all other insured
incidents. We will also pay all your costs and expenses which we
have already agreed to in writing.

10

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 Contents away from home exclusions Contents section – Protected no
The following exclusions apply to Contents away from home.
claims discount
What is covered What is not covered If you have chosen to protect your no claims discount on Contents it
will be shown on your policy Schedule.
• the excess(es) shown on your Protected no claims discount is available to ensure your no claims
Schedule; discount will not reduce and your premium will not increase as a direct
• contents of domestic result of a claim under the Contents section.
employees who live with you; From the day you add on protected no claims discount your no
• personal belongings of claims discount will not reduce and your premium will not increase as
visitors to the home; a direct result of a claim unless:
• pedal cycles; • two claims occur within any 5 year period, in which case your no
• theft from an unattended claims discount will not reduce but protection against further claims
s will be lost, this means if you have a subsequent claim your no
vehicle unless the items are
hidden from view, all windows claims discount will be reduced by 3 years and your premium will be
are closed and all doors, impacted at your next renewal.
including the boot, are locked; NOTE - A 5 year period starts when a claim occurs. If another claim
• Motorised vehicles, aircraft, does not occur within 5 years, a new 5 year period will start when
boats, sail boards, surfboards, the next claim occurs.
jet skis, caravans, trailers and
the parts, spares and In order to be eligible for protected no claims discount you must have:
accessories of any of these; • 5 years no claims discount as calculated by us; and
• any living creature; • be claim free for at least the last 3 years.
• items mainly used for You must also have an excess of at least £100.
business or professional
purposes, other than office
equipment;
• loss or damage to trees,
Contents conditions
plants, hedges or bushes; These conditions apply to the Standard and Premier Contents
• anything set out in the sections, Standard Contents including accidental damage, Contents
General exclusions section away from home and Pedal cycle sections.
of this Policy Booklet. 1. The Sum Insured
Standard cover - the sum insured shown on your Schedule must be at
Standard and Premier – Pedal cycle cover least equal to the full cost of replacing the property “as new”.
This section only applies when shown on your Schedule. Premier cover is “unlimited” which means we will pay the full cost of
repairing or replacing the contents to the same specification with no
What is covered What is not covered upper limit.
We will provide cover for loss of Anything set out in the Pedal 2. Settling Claims (not applicable to liability claims)
or damage to your pedal cycles cycle exclusions or General We can choose to settle your claim by
(including electrically assisted exclusions section of this Policy
• replacing;
pedal cycles) and their parts Booklet.
and accessories anywhere in the • reinstating;
world up to the limit shown on • repairing;
your Schedule. • payment.
Replacement will be on a like for like basis or based on the nearest
Pedal cycle exclusions equivalent in the current market. If we can repair or replace property
The following exclusions apply to Pedal cycle cover but agree to make a cash or voucher settlement we will only pay you
what it would cost us to repair or replace it. If your dishwasher, washing
What is covered What is not covered
machine, refrigerator, tumble drier or freezer are damaged and require
• the excess(es) shown on your a full replacement we will, where you agree, replace them with an
Schedule; equivalent appliance which has an Energy rating of A.
• theft of your pedal cycle
What we will pay
unless the cycle is:
– in your immediate custody The most we will pay for any one incident under Contents in the
and control; or home or Contents away from home sections is the sum insured
shown on your Schedule unless otherwise stated. There are some
– securely locked to an
cover limits which are shown on your Schedule for valuables, personal
object that cannot be
money, electronic data downloads, tenants liability, pedal cycles and
moved; or
liablity.
– in a locked building;
• pedal cycles used for
business use;
• anything set out in the
General exclusions section
of this Policy Booklet.

11

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 Valuables 5. No claims discount
If you make a claim under your policy, we will reduce your no claims
We will not pay more than the limits shown on your Schedule for
discount by 3 years at the renewal of your policy (unless you have
valuables.
bought the Protected no claims discount enhancement). If you do
3. Pairs, Sets and Suites not make a claim under your policy, we will increase your no claims
If we are unable to repair or replace a damaged item that forms part discount at the renewal date of your policy until you reach our
of a pair, set, suite or any other items of a uniform nature, design or maximum of 5 years, at the renewal. a
colour we will pay for the cost of replacing undamaged items. 6. Proof of value and ownership b
If we ask, you will be required to give us any undamaged items that It is your responsibility to prove any loss. We therefore recommend c
we have paid to have replaced. We will talk you through this process if that you keep receipts, valuations, photographs, instruction booklets
d
requested. and guarantee cards to help with your claim.
4. Items valued over the single item limit T
See also General conditions section of this Policy Booklet.
We will not pay more than the single item limit shown on your
Schedule for any one item, set or collection.

Legal expenses
Legal expenses cover only applies if it is shown on your Schedule.
Explaining the parties involved in this cover
Legal expenses is underwritten by Aviva Insurance Limited. Claims handling is managed by Arc Legal Assistance Limited (Arc) and we will let you
know if this company changes.

How to get assistance – Call us first to get help and advice on 0800 096 5850

1 For confidential legal advice call • This cover is to help you and your family, to pursue or defend legal claims. The issues we may be
0800 096 5850. able to help with are described under Your cover and insured events section.
 ur legal helpline is available
O • As soon as you become aware of an issue, please call the helpline on 0800 096 5850 and
24 hours a day, 365 days a year. we will ensure you are provided with help and advice on any private legal matter of concern
to you or any member of your household, and you can call as many times as you need to. It
Please have your policy number
is important that you tell us about a dispute as soon as possible after it happens as this may
ready.
improve your chances of winning the case (known as prospects of success).

We’ll discuss the issue with you

2  • We’ll help you understand what your legal rights are, what course of action is available to you,
and help you understand your if that action can be taken by you or whether you need to consult with a lawyer. We will also
options. advise you if your issue could be covered under this Legal expenses insurance.

3 If your issue is covered under this • If your claim is accepted we will provide you with a lawyer who specialises in the law relating to
policy we’ll provide you with a your claim. You do not have to find your own lawyer as we have access to a range of leading
lawyer. expert lawyers waiting to help you.

You will be asked to provide

4  • Should you wish to pursue a claim the lawyer will need you to provide as much information
•
evidence. as possible to support your case. This could include: copy of contracts, witness details,
correspondence with anyone regarding your claim etc. You are responsible for providing
evidence to support your cast at your own cost.

5 The lawyer will assess your case to • The lawyer will first assess how likely you are to win your case. We call this ‘prospects of
determine your chances of winning. success’, and we explain this further on page X. The lawyer who is acting for you decides this.
• If the lawyer believes that you are more likely than not to win your case then they will pursue it
for you and we will pay their costs and expenses up to the amount shown on your Schedule.

6 If you have sufficient chances of • The lawyer will take the necessary steps to try resolve your case with the other side.
winning your case, the lawyer will
progress it.

7 The case may progress to court • If an agreement cannot be made, then the case may progress to a court, tribunal or other body
who will decide the outcome. You may have to attend and give evidence.

8 And we will continue to fund the • Providing the prospects of success stay in your favour we will continue to pay for the lawyer’s
costs up to the limit shown on your costs and expenses throughout the claim.
Schedule.

9 
Case closure. • If you use a lawyer provided by Aviva whether you win or lose you will not be liable for any
payment (unless costs go over above the amount shown on your Schedule, and options will be
discussed with you before this situation arises). If you are awarded compensation as part of your
case then you keep all of it.
– If you use a lawyer of your choice and you are awarded compensation, we cannot guarantee


that you will be able to keep all of it as a proportion may be retained by your lawyer.

12

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 Your cover and insured events • Rights of way disputes especially over shared driveways.
• Noise and other nuisance disputes e.g. tree root encroachment.
Call us on 0800 096 5850 as soon as you become aware of an issue.
• Interference with drains or sewers by building work.
For the insured events described below, which once we have agreed to
and authorised, we will pay your costs and expenses to: Consumer disputes
a) pursue or defend a claim for damages; What is covered What is not covered
b) pursue the enforcement of an agreement; • A dispute regarding an • Any claim related to leases,
c) seek an injunction e.g. to stop a neighbour being noisy; agreement for the sale, tenancies or licences to
purchase or hire of goods or occupy property however
d) seek other legal remedy. services that are not for your these may be covered under
The maximum we will pay for any one claim is shown on your business use. the property disputes section.
Schedule.
If you would like some more information about claims call Common examples of employment disputes
0800 096 5850. • The purchase of motor vehicles and caravans from a garage.
• Disputes for defective kitchens and kitchen appliances.
Employment Disputes • Claims against travel agents for breach of contract.
If you need help to understand the date on which the law says your • Defective workmanship by tradesmen e.g. double glazing fitters or
contract of employment ends please call our legal helpline on boiler engineers.
0800 096 5850 for assistance. • A dispute relating to the purchase of animals.
• Disputes with retailers regarding faulty goods.
What is covered What is not covered
Call us on 0800 096 5850 as soon as you become aware of an issue.
• A dispute with your • Any disciplinary or grievance
employer regarding your procedures at work.
Personal Injury disputes
contract of employment • Disputes with your employer
including unfair dismissal. which commenced before or What is covered What is not covered
• A breach of your legal rights within the first 30 days of this
• A claim following an incident • Any claim for an illness or
under employment law. cover starting unless you
that causes death or injury injury which develops
• Checking and advising on the had a similar policy which
to you. gradually or is not caused by
terms of a settlement finished immediately before
an identifiable incident e.g.
agreement. this cover began.
repetitive strain injury.
• Negotiating with your
• Any claim relating to your
employer the terms of a
own injury or death in a
settlement agreement.
motorised vehicle that you
are driving.
Common examples of employment disputes
• Claims through being unfairly selected for redundancy. Common examples of employment disputes
• Claims against employers for constructive dismissal. • Trips or slips whilst at work or in a shop.
• Claims for sex, race or age discrimination • Operating machinery which is faulty or you are not properly trained
• Claims against your employer for unpaid wages. to use.
• Claims for disability or illness discrimination including cancer. • Injuries following an assault.
• Passengers being injured in cars or on buses.
Property disputes
• Food poisoning.
What is covered What is not covered • Being knocked off a bike by a motorist.
Call us on 0800 096 5850 as soon as you become aware of an issue.
The property dispute section • A claim relating to quarrying,
covers your main home and, for gas or mineral extraction or
this section only, includes any other major land works where Medical or Cosmetic procedure negligence disputes
other homes you own or rent. the effect is not limited For claims relating to medical or cosmetic procedure negligence
• A dispute relating to the specifically to your home. the incident date will be defined as the date when you or your
interference of your use, • A claim relating to planning representative first knew or should have known of any injury, illness or
enjoyment or right over your including town and country death caused by the treatment.
home. planning legislation.
• A dispute relating to damage • You will not be covered for a
What is covered What is not covered
to your home. claim which relates, in any • Claims relating to medical or
• A dispute regarding an way, to the letting out of a cosmetic procedure
agreement for the sale or property e.g. disputes negligence which causes death
purchase of your home. between you as the landlord or injury to you.
and a tenant of any home • Cosmetic procedures which
• A dispute with your landlord
you own. have not caused death or injury
regarding a tenancy
agreement to rent your may be covered under the
home. consumer disputes section.
• A dispute with a contractor in Medical and cosmetic procedure
relation to work on your home. negligence claims will result from
the consultation, diagnosis and/or
treatment provided by a medical,
Common examples of employment disputes dental or cosmetic practitioner
• Where a neighbour’s overgrowing ivy or leylandii damages your who is responsible for your care.
home.
• Boundary disputes regarding building work or fences.

13

J25713_CHDHG13985_0118.indd 13 1/16/18 12:00 PM

 Common examples of employment disputes Will calling the helpline affect my premium and
• Surgery which has not been carried out correctly. do I need to pay any fees?
• Failure to diagnose an illness or injury correctly.
No, calling the helpline and/or making a claim will not affect
• A dentist removing a healthy tooth by mistake. your level of no claims discount or your premium on your home
• Negligence during child birth. insurance and Legal expenses policy. There is no policy excess or
• Errors during cosmetic procedures e.g. Botox treatments or other fees to pay for using this service.
cosmetic surgery.
Who is the policy underwritten by?
• Cosmetic procedures which have not caused death or injury may be
covered under the consumer disputes section. Legal expenses is underwritten by Aviva Insurance Limited.

Call us on 0800 096 5850 as soon as you become aware of an issue

Assessing your case, including ‘Prospects of success
Information about your Legal expenses and ‘Proportionality’’

Some words are in bold in this section, what 1. The lawyer’s assessment
does it mean?
Our lawyer will assess the evidence and if it is more likely than not
In addition to the definitions section in this policy where the that you will:
following words or phrases appear in bold within this section they
will have the following meaning: a) recover damages or obtain any other legal remedy which we
have agreed to (e.g. being paid compensation or stopping a
Costs and expenses
neighbour from making noise), or
All legal costs charged by the lawyer and authorised by us or that
you are ordered to pay by a court/other body. b) be successful in defending a claim made against you, or b
Lawyer c) make a successful appeal or defence of an appeal,
A suitably experienced legal professional.
then your case will be considered by the lawyer to have reasonable
‘prospects of success’ (this means how likely you are to win your d
Who is covered under this policy? case).
The persons named on your Schedule, together with their
domestic partner and all members of their family, including foster In addition, the lawyer will also consider proportionality (this
children, who live with them. means the amount of damages being pursued compared with the
estimated costs to pursue your case), and:
Where does the issue/incident need to have e
happened to be covered under the policy? When considering your case the lawyer:
The incident leading to any claim or any proceedings must have a) has a legal obligation not to waste court time and to keep the
happened within the United Kingdom, Channel Islands or Isle of costs to a level that the court would consider reasonable;
Man; and the initial dispute, or series of incidents leading to a claim
g
on this policy must happen after this cover starts and before it b) will estimate the likely costs of your case and consider if they
ends as shown on your Schedule. would be acceptable to a reasonable person who was paying
those costs themselves; h
Who will answer my call and handle my case?
A legal professional appointed by Aviva will answer your call, and if c) Will agree with you, where possible, a course of action where i
you have a case and legal representation is necessary, your case will the costs and expenses would be considered reasonable by
be managed by Arc Legal Assistance (Arc), who are our trusted expert. the court.

Is my call confidential? If, in the lawyer’s opinion:

j
We will give you and members of your household, confidential
advice over the telephone on any personal legal matter under your claim is likely to be considered a waste of court time, or
a)  k
the laws of England and Wales, Scotland, Northern Ireland, the
b) the prospects of success are no longer in your favour, or l
Isle of Man or the Channel Islands. Please note that for our joint
protection telephone calls may be recorded and/or monitored. your claim has reached a point where incurring further costs
c) 
m
and expenses would not be reasonable,
Do I need to find a lawyer myself?
No, we know that making a claim is a stressful time and we want then we will not pay any further costs and expenses towards
n
you to know that your claim is in the best hands possible. If legal it. If this happens the lawyer will tell you what options would be
representation is necessary Arc will appoint a lawyer from one of available should you wish to continue.
their approved firms of solicitors to handle your legal case. Some Please note that prospects of success may change throughout
of the benefits of using an approved firm of solicitors include: your claim as evidence is obtained and legal arguments develop.
• your case will be handled by a firm of solicitors you can trust has 2. What can I do if I do not agree with the
extensive experience in the area of law relevant to your claim.
lawyer’s opinion?
• the firm of solicitors will have passed Arc’s vetting process and
proved themselves to be able to work to high quality standards We have confidence in the opinion of our appointed lawyer and
rely on this when deciding if we should continue to pay the costs
• in cases where you may be due compensation from another and expenses towards your claim.
party, you may keep 100% of the compensation awarded to you.
If you do not agree with our lawyer’s opinion and you find a
• the lawyer charges competitive legal fees which ensures the different lawyer, at your own cost, or you already have a lawyer
lawyer may do more work for you and you will get the most who supports your view, then we will be happy to offer a review of
from your policy. the case. The opinion of your chosen lawyer must be based on
If you do choose to use another lawyer it is important you are the same information regarding the claim that you provided to us.
aware that both we and Arc cannot ensure the lawyer acting for
you will be suitably competent to handle your case or the quality
of service that lawyer may provide to you. A lawyer not approved
by Arc may also require you to pay them a percentage of your
compensation.

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 1. Claims
The lawyer conducting the review will be chosen jointly by you and
us. If we cannot agree on who this lawyer should be then we will a) Freedom to choose your lawyer
ask a relevant law society to appoint one. The reviewing lawyer will
assess the case and we will abide by their decision. We will pay for (i) If court proceedings are issued, there is a conflict of interest
the cost of this review and should they decide in your favour we or if we consider the claim to be complex and requiring a
will also pay any cost that you incurred for your chosen lawyer’s specialist lawyer, you are free to choose your own lawyer by
second opinion. sending us their name and address.
We will appoint that lawyer subject to their acceptance of our
(ii) 
This review and any resulting decision will not affect your rights to standard terms of appointment which are available on request.
make a complaint as detailed in the ‘What to do if you are unhappy
section of the ‘important Information’ document. (iii) Subject to the terms and conditions of this policy we will pay
their costs and expenses up to the maximum shown on your
Schedule.
Conditions and exclusions b) Our rights and your obligations

In addition to the specific Legal expenses conditions and exclusions We will have direct access to the lawyer representing you who
(i) 
shown below all of the General exclusions (except exclusion 2) and will, on request, provide us with any information or opinion in
General conditions (except conditions 2 and 4) shown in your home respect of your claim.
insurance policy apply to this cover. You must co-operate fully with us and the appointed lawyer
(ii) 
We will not pay for: and must keep us up-to-date with the progress of the claim.

a) any claim we reasonably believe you knew was likely to happen (iii) At our request you must give the lawyer any instructions that
when you took out this insurance, e.g. where you were already in we require.
a disciplinary process at work before taking out this policy, which (iv) You must tell us immediately if anyone offers to settle a claim
then led to you making a claim; or makes a payment into court.
b) claims where you do not keep to the terms, exclusions and (v) If you do not accept a payment into court or any offer where
conditions of this cover; the lawyer advises that this is a reasonable settlement, we
c) costs and expenses which are incurred prior to our written may refuse to pay any further costs or expenses.
agreement and authorisation; (vi) No agreement to settle on the basis of both sides paying their
d) claims where the initial dispute or series of incidents leading to own costs is to be made without our prior approval.
a claim on this policy happen before this cover starts or that c) Our rights to stop your claim
begin after it comes to an end as shown on your Schedule; You
can only make one claim for all disputes arising from the same The cover we provide will end immediately if you:
incident; (i) settle a claim or withdraw a claim without our prior agreement,
e) any legal action you take which we have not agreed to or where or
you do anything to hinder us or the lawyer; (ii) do not give clear instructions when requested by the lawyer,
f) any fines, penalties, compensation or damages which you are or
ordered to pay by a court or other authority; (iii) dismiss a lawyer without our prior consent. We will not
g) any issue leading to a claim which was deliberately or intentionally withhold consent without good reason.
caused by you; If, in the event of the above, we incur costs and expenses that
h) a dispute between you and someone related to you or who is would not otherwise have been incurred, we reserve the right to
insured under this policy; recover these from you.
2. Recovery of costs
i) any claim relating to or arising as a result of divorce, separation,
matrimonial issues or cohabitation, joint property ownership, If you are successful with your claim, you must instruct the lawyer
joint financial obligations or maintenance, financial or custody to take every available step to recover for us all costs and expenses
arrangements involving children; relating to your case.

j) any claim in respect of libel and slander; 3. Disputes about the way your claim has been handled
k) an application for judicial review; If you are not happy with the way your claim has been handled under
l) disputes relating to class actions e.g. If you are part of a group of this section then you can take the steps outlined in the If You Have
people who are all making the same claim; a Complaint section of the ‘Important Information’ document.
If your dispute relates to the legal opinion of a lawyer that we
m) disputes between you and us or Arc where the dispute relates to appoint then we would also like to bring your attention to the ‘What
this cover; can I do if I do not agree with the lawyer’s opinion?’ section.
n) any claim relating to compulsory purchase or to major works
where the effect is not specific to your home but is more Home emergency cover
widespread e.g. work on roads, railways and airports; This cover only applies when shown on your Schedule.
o) any claims made by anyone other than you or your family Home emergency cover provides you with assistance in the event of
attempting to enforce theirs rights under this cover; an emergency at your property.
p) where the incident leading to any claim occurs, or any proceedings We describe an emergency as an unforeseen and sudden incident
are conducted, outside of the United Kingdom or the Channel which (i) causes a loss of essential services or damage to your
Islands or the Isle of Man. property; or (ii) exposes a risk to your health; or (iii) makes your
q) any test case unless: property uninhabitable, and which is set out below in any of the ‘What
is covered’ sections.
(i) the case relates to the interpretation of a newly or recently
enacted law, and Homeserve claims service number: 08000 512 658
our lawyer agrees that the case is more likely than not to be
(ii)  This is the telephone number to call if you want to make a claim for
successful. an emergency, which is covered under this policy.Lines are open 24
hours a day, 365 days a year. Once you have called to make a claim
When a court considers a dispute which has never been decided
under this policy our advisors will arrange to get an engineer to the
before this is often to referred to as a ‘test case’. The courts decision
property as soon as possible.
on a test case will then be used to decide future cases on similar
grounds to ensure the legal system is consistent M&S Home Insurance customer services number: 0800 015 7760
and fair.

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 This is the telephone number to call when you have any questions Essential services
about this policy.
Any of the following services:
Telephone call charges and recording • mains drainage, up to the boundary of the property, or
The cost of calls to 03 prefixed numbers are charged at national call • water, electricity and gas supply to and within the property, or
rates (charges may vary dependent on your network provider) and are the main source of heating of the property.
usually included in inclusive minute plans from landlines and mobiles.
For our joint protection telephone calls may be recorded and/or Property
monitored.
The total area of the land and buildings at the address set out in the
Useful information regarding your Schedule including the house, flat or apartment and any attached
outbuilding (for example, a garage or lean-to shed), but excluding:
policy • any communal or service duct areas, and
• detached garages, sheds, greenhouses and non-permanent
Smell gas; think you have a leak?
structures.
If you think you have a gas leak you MUST immediately call the
National Gas Emergency Service on 0800 111 999. The National Gas Schedule
Emergency Service will need to visit your property and isolate the
leak before we can provide any assistance. The document that gives details of your M&S Home Insurance policy,
your Home emergency cover policy and the insured limits.
Boiler servicing & carbon monoxide leak You/Your
When the gas that fuels your boiler isn’t burnt correctly, carbon
monoxide is produced. Carbon monoxide cannot be seen or smelt The owner of the property who is named on the Schedule and
any person authorised to be in the property at the time of the b
but can cause headaches, nausea, drowsiness and can cause death
emergency. c
as well. So it is vital to get your boiler and gas appliances inspected
and serviced regularly. This will ensure they are working as safely and
efficiently as possible. Cover
• In the event of an emergency we will cover the costs of labour,
Creating access parts and materials (including VAT) up to an amount of £1,000 per
On arriving at your property, the engineer will aim to locate the claim.
source of the incident. If direct access is not available (for instance if
• There is no limit to the number of claims you can make.
there are floor tiles or floorboards, or any of your possessions (such
as storage boxes or furniture) in the way) the engineer will need to • Hotel accommodation. In the unlikely event that your property
create access. If you want the engineer to do this, you will be asked becomes uninhabitable as a result of an emergency, we will
to confirm this in writing while the engineer is at your property. reimburse you for your hotel costs (room and transport to the
Unless stated in any of the ‘What is covered?’ sections below, we will hotel only) up to an amount of £1,000 per claim.
not cover you for any damage that may be caused to the property, • We will not cover anything which is specifically excluded in any of
its contents, fixtures, fittings, floorings or sanitary ware (unless the the ‘What is not covered’ sections below.
damage is caused by our engineer’s negligence). If you do not want
the engineer to create access, we will be unable to do the work until Repair of your main heating system
you have arranged access. We will cover your main heating system as follows:
Explaining the parties involved A) Breakdown of Gas central heating system.
This Home emergency cover policy is underwritten by Aviva B) Breakdown of Oil-fired central heating system.
Insurance Limited, Claims handling is managed by HomeServe
Membership Limited. C) Breakdown of Electric heater(s).
HomeServe Membership Limited (HomeServe) is registered in England
with No. 2770612, registered office at Cable Drive, Walsall, West For claims related to other forms of primary heating in the
Midlands WS2 7BN. Authorised and regulated by the Financial Conduct home such as Liquid Petroleum Gas (LPG) boilers, solar heating
Authority, registration number 312518. systems and dual purpose boilers, please call the Homeserve
You can check the above registration details on the Financial claims number and they will explain how the claim will be
Services Register by visiting the website www.fca.org.uk/register or by processed.
contacting the Financial Conduct Authority on 0800 111 6768.

Definitions Exclusions that apply to all main heating systems

Under this section in addition to the definitions set out in the
A, B and C
Definitions section in the front of this Policy Booklet, wherever the We will not cover the following:
following phases appear in bold they will have the following meanings. • Routine maintenance, cleaning, and servicing.
If there is a conflict between a definition in this section and a definition
elsewhere in the policy, the definition in this section will apply to this • Warm air heating systems.
section only. • Sludge, scale or rust in the primary heating system, or damage
caused by a harmful chemical in the water.
Engineer • Repair or replacement of convector heaters, water tanks and hot
A person employed or authorised (or both) by HomeServe to assist water cylinders.
with your emergency. • Separate heaters providing hot water.

Emergency • Adjustment of timing and temperature controls.

• Resetting of circuit breakers that you can reset, if resetting falls
A sudden and unforeseen incident at the property which is set out in outside the permanent repair work we do.
any of the ‘What is covered’ sections below and which:
• Underfloor heating.
• exposes you or a third party to a health risk, or
• Other appliances such as cookers and fires.
• causes a loss of essential services or damage to the property, or
• Radiators or radiator valves.
• makes the property uninhabitable.

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 Important information regarding the Repair of your main heating system
cover for your main heating system B. Breakdown of Oil-fired central heating system
Main heating systems that are beyond What is covered?
economical repair You are covered for the failure of your oil boiler and/or central
On assessment of your main heating system, our engineer may heating system. Work will be done by an oil specialist engineer who
declare it to be ‘beyond economical repair’; this means: will repair or replace the relevant part(s).
• the cost of parts (including VAT) to repair the main heating system
Examples of what we will cover:
is greater than 85% of the manufacturer’s current retail price of a
replacement or a similar mode, or • No hot water.
• we are unable to obtain the required manufacturer’s spare parts • No heating.
from our suppliers to complete the repair, within 28 days. • Draining down and isolation of a leaking water tank, radiators or
water cylinders or both.
Temporary heating
What is not covered? (Also see the Home emergency cover
If a part needs to be ordered and it will take over 72 hours to arrive general exclusions)
from the engineer’s first visit, we will deliver two electrical heaters to
your property. The heaters will be yours to keep. We will not cover the following:
• Breakdown, fault, damage or destruction caused by the system
Contribution towards a new boiler or electric heater being allowed to run out of oil or by the use of unsuitable fuel.
In the unlikely event that your main heating system is declared • Losses caused by delays by our suppliers or their agents getting
beyond economical repair, we will advise you to replace it and will spare parts that are not immediately available.
contribute £500 towards the cost of a new boiler or electric heater. • Defect or failing arising from the original design of the boiler or
You are responsible for arranging for a replacement. system or both.
You will then have the choice to continue with the cover and your • Replacing the expansion tank.
new boiler or heater(s) will be covered as long as it is not excluded • Plastic or metal oil tanks and their associated pipework and
under the ‘What is not covered’ sections or the Home emergency contents.
cover general exclusions section of this policy or you can cancel your
• Repair or replacement of the water jacket or heat exchanger.
policy with the procedure outline under the Cancellation Rights in
this policy. • Flues, except balanced flues that are integral to the boiler.
• Items not forming part of the boiler or system or both, e.g. water
Boilers and electric heaters under manufacturer’s pumps installed separately.
warranty or guarantee
C. Electric heater(s) breakdown
If your boiler or electric heater is under a manufacturer’s warranty
or guarantee, any repair work undertaken under this policy may What is covered?
invalidate that warranty/guarantee. We strongly advise that you check You are covered for the failure of your electrical heater(s). Work
the warranty/guarantee terms and conditions before making a claim as will be done by an approved registered engineer who will repair or
we will not be liable in the event that our repair work invalidates any replace the relevant part(s).
warranty or guarantee.
Please read the relevant section (A, B or C) for an explanation of the
Examples of what we will cover:
cover that applies to your property. • Failure of electric storage or panel heater(s).
• Repair or replacement of the permanent wiring to the electrical
A. Breakdown of gas central heating system
heater(s).
What is covered? What is not covered? (Also see the Home emergency cover
general exclusions)
You are covered for the failure of your gas boiler and/or central heating
system. Work will be done by a Gas Safe registered engineer who will We will not cover the following:
repair or replace the relevant part(s). • Electric water heaters.
Examples of what we will cover: • Any portable and fixed heating not permanently wired in, energy
management systems, warm air heating systems, Electrotech and
• No hot water. Smartheat systems, wet systems and underfloor heating.
• No heating. • Heated towel rails, infrared heaters, electric fires, skirting or
• Draining down and isolation of a leaking water tank, radiators or kickspace floor heaters.
water cylinders or both. • Air conditioning units.
• Immersion heaters.
What is not covered?
(Also see the Home emergency cover general exclusions) • Cosmetic damage to the casing of domestic electrical heaters or
timer switches.
We will not cover the following:
• Failure or breakdown of timers for domestic electrical heaters where
• Immersion heaters, combination cylinders, Elson tanks, thermal
there is a manual override facility.
storage units, (e.g. Gledhill Boilermate), unvented hot water
cylinders (e.g. Range Powermax) or their controls.
Internal plumbing and drainage
• Separate gas heaters providing hot water.
• Fan convector heating. What is covered?
• Combined heat and power systems. You are covered for emergencies relating to your internal plumbing
• Cosmetic damage. or drainage or both, which results in total loss of water to your
property or loss of water to your kitchen taps, blocked drainage,
• Other gas appliances except gas fires forming part of a back boiler.
leaks or loss of toilet facilities in your property.
If the property is a flat or apartment, cover is limited to the inside of
the flat or apartment that you solely own.

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 Examples of what we will cover: Examples of what we will cover
• Blocked toilet. • Leaking internal gas supply pipe.
• Leaking pipe. • Leaking gas supply hose connecting to a gas cooker.
• Leaking soil vent pipe. What is not covered?
• Blocked waste pipe. (Also see the Home emergency cover general exclusions)
• Leaking toilet. We will not cover the following:
• Leaking internal stop-tap. • External gas supply pipe (it is the responsibility of the National Grid).
• Emergencies that require the draining down and isolation of a • Appliances connected to your internal gas supply pipe.
leaking cold water tank or hot water cylinder. • Sections of the internal gas supply pipe that are outside the
• A complete drain blockage that results in all sinks being blocked. property or inside any outbuilding on the property.
What is not covered?
(Also see the Home emergency cover general exclusions) Electrical emergency and breakdown
We will not cover the following: What is covered?
• Domestic appliances and their inlet or outlet pipes, e.g. washing You are covered for electrical emergency and breakdown of the
machines or dishwashers. domestic electrical wiring, including permanent damage caused by a
• Dripping taps that need repair. power cut to your property alone.
• Replacement of water tanks or radiators, thermostatic radiator
Examples of what we will cover
valves, hot water cylinders and sanitary ware (e.g. basins and toilet
bowls). • Breakdown of fuse box.
• Showers including the shower unit, controls, outlet or shower head. • Lost power to circuit.
• Frozen pipes that have not caused a permanent blockage. • Permanent damage to the domestic electrical wiring caused
• Smells and noises from pipework or drains. • by a power cut.
• Leaking overflow pipes. What is not covered?
(Also see the Home emergency cover general exclusions) g
• Repairs to your water supply pipe.
We will not cover the following: I
External drainage • A power cut that affects more than just your property.
• Non-permanent wiring or electrics, e.g. kettles, fairy lights and other
What is covered? appliances with plugs.
You are covered for a blockage to the underground drainage pipes • Repairs or replacements of wall sockets, switches and light bulb
that are not beneath or inside any building or outbuilding and serve sockets.
your property only (i.e. are not shared) and that are within your
property boundary. If the drainage pipe is not your responsibility, • Routine electrical maintenance tasks e.g. replacing light bulbs and
you will need to contact your local water supply company. adjusting the timer.
• Permanent wiring to the following appliances and any wiring or
The engineer will leave your drain running clear by unblocking the
electrics connected to them: satellite dishes, radio or television
drain or repairing or replacing damaged sections of waste pipe. This
aerials and their fittings or masts, burglar alarms and smoke
includes leaving the ground level after refilling any hole the engineer
detectors, telephones and their associated wiring, doorbells and
has to dig.
electrical gate or garage door systems, air conditioning units.
Examples of what we will cover • The shower unit or immersion heater unit.
• Blocked external drain. • Portable or fixed electrical heating systems or energy efficiency
management systems.
• Collapsed external drain.
• Repairing or replacing wiring encased in rubber or lead.
What is not covered? (Also see the Home emergency cover a
general exclusions) • Any part of the electrical wiring where completing a repair would
result in a breach of the current electrical wiring regulations and
We will not provide any cover under this external drainage section if electrical safety standard BS7671.
the property is a flat or apartment.
We will not cover the following: Security and roofing
a) Drains (sewers) for which you do not have responsibility, including What is covered?
the lateral or shared drains and drains that are outside your
You are covered for damage to roofing, external windows and doors,
property boundary. d
broken locks and loss of keys. If a security or roofing incident happens,
b) Frozen pipes that have not caused permanent blockage. we will protect your property from further damage or make sure the
c) External guttering, rainwater downpipes, rainwater drains and property is secure (or both).
soakaways.
Examples of what we will cover
d) Drain clearance where we have previously advised you to install e
• Use of tarpaulin to protect the property if roofing tiles are blown off
access points (e.g. rodding eye, manhole) and you have not done during bad weather.
so. f
• Boarding up of broken glazing to make the property secure.
e) Like-for-like reinstatement of decorative items such as hard or soft
• Repair of broken locks for external windows and doors if the
landscaping, drives, pathways, walls, flower beds or lawns.
property is insecure.
• In the event your keys are lost/stolen and there is no other set
Internal gas supply pipe available to access the main house on your property, we will
g
What is covered? provide an engineer to assess the most efficient way to gain access.
This is usually by replacing the locks and keys; however in some
You are covered for a leak on your internal gas supply pipe. After circumstances it may be more practical to find an alternative h
the National Gas Emergency Service has visited your property and solution to suit both parties.
isolated your gas supply, work will be done by a Gas Safe registered
• Making the property secure after loss of external-door keys that are
engineer, who will repair or replace the damaged section of internal
your responsibility.
gas supply pipe. Our engineer will also turn your gas supply back on.
• Repair of garage door to make the property secure.

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 What is not covered? supplied by you where the claim relates to the gas supply or
(Also see the Home emergency cover general exclusions) the central heating system.
We will not provide cover for any roofing emergency if the main i) Normal day-to-day maintenance of the items covered by your
home on the property is a flat or apartment. policy at your property, for which you are responsible.
We will not cover the following: j) Situations where because of health and safety and with your
• Loss of keys for any building on the property that is not the main prior agreement, another engineer has to be brought in who
house, including detached outbuildings, garages, greenhouses, we do not employ, e.g. to handle asbestos.
sheds or communal or shared areas.
k) Loss arising from subsidence, heave of the site or landslip
• Loss of keys to the main house on the property if you have access caused by:
to another set of keys.
i) Bedding down of new structures.
• Replacement of an attached garage door, or repair or replacement
of the electrical unit powering a garage door. ii) Demolition or structural repairs or alterations to the
• Doors and windows that do not secure the property, such as property.
internal porch doors, internal doors and internal conservatory doors. iii) Faulty workmanship or the use of defective materials.
• Claims for keys, locks and glazing in shared communal areas if your iv) River or coastal erosion.
property is a flat or apartment.
l) Loss, damage or indirect costs arising as a result of
Pest infestation disconnection from or interruption to the gas, electricity or
water mains services to the property, for example a power cut
What is covered? to your neighbourhood.
You are covered for the removal of an infestation of the following: m) Investigative work where the incident that caused you to claim
Brown or black rats or house or field mice in the main house, flat or has already been resolved.
apartment on your property. Wasps’ or hornets’ nests anywhere on
n) Claims to do with mobile homes and bedsits – please see the
your property.
definition of property in the Definitions section.
What is not covered? (Also see the Home emergency cover
o) Loss, damage related to:
general exclusions)
i) Pumps including sewerage pumps, drainage pumps, shower
If your property is a flat or apartment, cover is limited to the inside
pumps, any associated electrics or valves.
of the flat or apartment that you own.
ii) Water softeners.
We will not cover the following:
• Ants, cockroaches, bedbugs, fleas, spiders, flies, birds, squirrels, bees iii) Waste disposal units and macerators.
or any other pest that may require specialist removal. iv) Air conditioning units.
• Rats or mice outside the main house on the property e.g. in v) Unvented hot water cylinders or their controls.
detached garages, the garden and other detached outbuildings.
vi) Cesspits, septic tanks and any outflow pipes.
• Pest infestations where you have not followed our previous
recommendations on how to avoid such problems. vii) Vacuum drainage systems.
• Problems where you cannot tell us the type of pest concerned. viii) Swimming pools or decorative features including ponds,
• Damage caused by pests to your property and contents (e.g. if a fountains and any associated pipes, valves or pumps.
rat chewed through your sofa), unless otherwise stated in any ‘What ix) Ground, air and water source heat pump systems.
is covered’ section in this policy.
x) Power generation systems and their associated pipework,
pumps, panels and controls including solar panels or
Home emergency cover general exclusions wind turbines or both; combined heat and power systems
The following are excluded from policy so we will not be liable for: (systems that generate electricity and heat at the same time).
a) Any costs or activities above the claims limit or any other limit
specified in any ‘What is covered?’ section. You are responsible
for agreeing and settling any such costs directly with the
Home emergency cover general conditions
Your duty to prevent an emergency – You must take all
a) 
engineer.
reasonable precautions to prevent an emergency. You must
b) Any losses caused by any delays in getting spare parts. ensure that the normal day-to-day maintenance of your
property is undertaken and that the property is in good
c) Any associated expenses or losses you incur which relate to an
condition.
emergency but are not directly covered by this policy.
b) F
 raud – please refer to the General conditions section of this
d) Systems, equipment or appliances that have not been installed
Policy Booklet
according to appropriate regulatory standards in place for the
UK manufacturer’s instructions or both; or that are subject to a c) C
 ancelling this policy – please refer to the General conditions
manufacturer’s recall. section of this Policy Booklet.
e) Instances where a repair or replacement is needed only because
of changes in legislation or health and safety guidelines.
f) Any defect, damage or breakdown caused by malicious or
deliberate action, negligence, misuse or third-party interference,
including any attempted repair or modification to the elements
covered by this policy, which does not comply with British
Standards.
g) The costs of any work carried out by you or people not
authorised by us in advance.
h) Any parts not supplied and chosen by us. Subject to any
applicable regulations, our engineer can fit an alternative
part (that complies with British Standards) supplied by you at
the time of the visit (e.g. a switch or tap). However this part will
not be guaranteed. Our engineer will not fit alternative parts

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 General conditions d) call us if you receive any information or communication about the
event or cause;
These conditions apply to all sections of the policy shown in this
booklet. e) avoid discussing liability with anyone else without our permission.

1. Important Notice – Information we need to know To help us settle your claim
about • It is your responsibility to prove any loss and therefore we
You must take reasonable care to provide complete and accurate may ask you to provide receipts, valuations, photographs,
answers to the questions we ask when you take out, make changes to, instruction booklets and guarantee cards and any other
and renew your policy. relevant information, documents and assistance we may
require to help with your claim.
Please tell us immediately about changes to the information set out in
the application form, ‘Statement of Fact’ document or your Schedule,
including (but not limited to): Our rights
• leaving your home unoccupied for more than the agreed number a) We will be entitled, at our cost, but in your name, to:
of days;
• take legal proceedings for our own benefit in respect of the cost
• letting, or planning lend or let out your home or using it for business of the claim, damages or otherwise; or
purposes (other than occasional clerical work); • take over and conduct the defence or settlement of any claim.
• an insured person being charged or convicted of a (non-motoring)
We will have full discretion in the conduct of any legal proceedings
criminal offence.
and in the defence or settlement of any claim.
Please also tell us if:
b) No property may be abandoned to us.
• you are intending to alter or renovate the buildings (though not
internal changes unless you are creating an additional bedroom, Limit
bathroom or shower room);
For any claim or series of claims involving legal liability covered by this
• you no longer live at the address shown on your Schedule; policy, we will pay:
• the people to be insured change. a) up to the limit shown on your Schedule (less any amounts already
We will tell you if we can accept the change and if so, whether it will paid by us); or
result in revised terms and/or premium being applied to your policy. If b) any lower amount for which we can settle your claim
any information you provide is not complete and accurate we may:
Once we have made the payment, we will have no further liability in
• cancel your policy and refuse to pay any claim; or connection with your claim, apart from paying costs and expenses
• not pay any claim in full; or you incurred before the payment date, or reclaiming any costs and
• change one or more of: expenses incurred by us.

– the premium; 5. Fraud W

n
– the excess; If your claim is in any way dishonest or exaggerated we will not pay
t
– the extent of cover. any benefit under this policy or return any premium to you and we
p
may cancel your policy immediately and backdate the cancellation to
If you are unsure whether you need to tell us of a change please call r
the date of the fraudulent claim. We may also take legal action against
Customer Services. t
you.
w
2. Your duty to prevent loss or damage 6. Other Insurance c
You and any other person this insurance applies to must take all c
If there is any other insurance covering the same claim, or would have
reasonable precautions to prevent accidents, loss or damage and keep l
covered the claim but for the existence of this policy, we will not make
insured property in good condition. (
any payment under Occupiers, Personal and Employers Liability
3. Your policy until all cover under that other insurance is exhausted. For all other
claims we will not pay more than our share of the claim, even if the
The following elements form the contract of insurance between you other insurer refuses the claim.
and us, please read them and keep them in a safe place:
• your Policy Booklet;
Important note
• information contained on your application and/or “Statement of
This condition will not have the effect of leaving you without
Fact” document as issued by us;
cover for any claim and operates where there is any other
• your Schedule (including any clauses shown on it); insurance covering the same claim (or would have in the
• information under the heading “Important Information” which we absence of this policy) and determines how those insurance
give you when you take out or renew your policy; policies apply.
• changes to the policy you need to know about or important
information we give you at renewal.

4. Claims
Your duties
As soon as you are aware of an event or cause that is likely to lead to a
claim under this policy, you must:
a) tell the police immediately about any property which has been
lost, stolen or damaged by riot or civil unrest or has been
maliciously damaged, and get a crime reference number;
b) contact us as soon as reasonably possible and, in the case of
claims involving damage by riot or civil unrest, not more than 7
days after becoming aware of the damage, and provide all the
information and help we need to settle your claim;
c) do all you reasonably can to get back any lost or stolen property
and tell us without unnecessary delay if any property is later
returned to you;

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 7. Cancelling this policy
Your rights
You can cancel your policy and/or any additional covers at any time by
calling Customer Services.
You have a statutory right to cancel your policy within 14 days of
the purchase or renewal of the contract, or on the day on which you
receive your policy or renewal documentation which ever is later.
If you cancel before the cover start date you will receive a refund of
any premium you have paid for the cancelled cover.
If cover has started or you cancel the policy after the 14 day cooling
off period you will receive a refund of the premium paid less a
proportionate deduction for the time we provided cover.

Our rights
We (or any agent we have authorised to do so) may cancel this policy
and/or any additional covers where there is a valid reason for doing so
by sending at least 7 days’ written notice to your last known address
or email address explaining the reasons. Valid reasons include, but are
not limited to where:
• you have not paid your premium. If premiums or instalments are
not paid when due we will write to you requesting payment by a
specific date. If we receive payment by the date shown in the letter
we will take no further action. If we do not receive payment by this
date we will cancel the policy from the cancellation date shown on
the letter;
• we reasonably suspect fraud;
• you fail to co-operate with us or give us information or
documentation we reasonably require, and this affects our ability to
process a claim or defend our interests;
• you have not taken reasonable care to provide complete and
accurate answers to the questions we ask (see General condition 1).
Where our investigations provide evidence of fraud or a serious
non-disclosure, we may cancel the policy immediately and backdate
the cancellation to the date of the fraud, or the date when you
provided us with incomplete or inaccurate information, which may
result in your policy being cancelled from the date you originally
took it out. If we cancel the policy and/or any additional covers you
will receive a refund of any premium you have paid for the cancelled
cover, less a proportionate deduction for the time we have provided
cover, unless the reason for cancellation is fraud and/or we are
legally entitled to keep the premium under the Consumer Insurances
(Disclosure and Representations) Act 2012.

Important note
The Consumer Insurance (Disclosure and Representations)
Act 2012 sets out situations where failure by a policyholder
to provide complete and accurate information requested by
an insurer allows the insurer to cancel the policy, sometimes
back to its start date and to keep any premiums paid.

8. Y
 our duty to keep to the conditions of this
policy
To be covered by this insurance you must keep to the terms,
conditions and clauses of this policy.

9. Joint policyholders
If there is more than one policyholder named on the policy any of
them can amend the policy or make a claim and we may pay the claim
to that person. If you want to remove a policyholder from the policy,
we can only accept authority from that person, by a court order, or by
the written agreement of that person’s personal representatives (if he
or she has died).

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 General exclusions 8. Loss or damage resulting from any of the
following:
These apply to all covers shown in this booklet a) wear and tear, or depreciation in value;
This policy does not cover: b) the process of cleaning, washing, repairing or restoring any
article;
1. War
c) any gradual deterioration, including but not limited to,
Any consequence whatsoever which is the direct or indirect result atmospheric, climatic or weather conditions, or the action of
of any of the following, or anything connected with any of the light;
following, whether or not such consequence has been contributed
d) fungus, mould, damp or rust;
to by any other cause or event: war, invasion, act of foreign enemy,
hostilities or a warlike operation or operations (whether war be e) wet or dry rot arising from any cause, except as a direct
declared or not), civil war, mutiny, rebellion, revolution, military result of a claim we have already paid, and where repair or
rising, insurrection, civil commotion assuming the proportions of or preventative action was carried out by a tradesperson we have
amounting to an uprising, military or usurped power. approved;

2. Terrorism f) vermin, insects or infestation;

Any consequence whatsoever which is directly or indirectly caused g) costs that arise from the normal use, maintenance and upkeep
by nuclear and/or chemical and/or biological and/or of your building and its contents;
radiological means, or anything connected with those means, h) electrical or mechanical breakdown;
and which is the direct or indirect result of Terrorism, or anything
connected with Terrorism, whether or not such consequence has i) faulty worksmanship, defective design or the use of defective
been contributed to by any other cause or event. materials;

Terrorism is defined as any act or acts including, but not limited to: j) costal or river erosion.

a) the use or threat of force and/or violence 9. Unoccupied or unfurnished properties

and/or, Loss or damage while your home is unoccupied or unfurnished for
b) harm or damage to life or to property (or the threat of such more than the period shown on your Schedule, caused by:
harm or damage) including, but not limited to, harm or a) malicious people or vandals;
damage by nuclear and/or chemical and/or biological and/or
radiological means, b) theft or attempted theft;

caused or occasioned by any person(s) or group(s) of persons c) water escaping from water tanks, pipes, equipment or fixed
in whole or in part for political, religious, ideological or similar heating systems.
purposes including, but not limited to, the intention to influence 10. Loss in value
any government and/or to put the public or any section of the
public in fear, or is claimed to be caused or occasioned in whole or Any reduction in the market value of the home as a result of an
in part for such purposes. insurable event.

3. Other Actions 11. Computer software and data

Any consequence whatsoever which is the direct or indirect result Corruption of computer software or data caused by computer
of any of the following, or anything connected with any of the viruses or where no adequate back up copies have been kept.
following, whether or not such consequence has been contributed Legal liability directly or indirectly arising from computer viruses.
to by any other cause or event: Subsequent loss or damage or legal liability for which cover is in
force under this policy is not affected.
any action taken in controlling, preventing, suppressing or in any
way relating to 1) War or 2) Terrorism above. 12. Confiscation
4. Radioactivity Any loss or damage or liability occasioned by or happening
through confiscation or detention by customs or other officials or
Loss, damage or liability which involves:
authorities.
a) ionising radiation or radioactive contamination from nuclear
fuel or nuclear waste; or
b) the radioactive, toxic, explosive or other dangerous properties
of explosive nuclear equipment.

5. Pollution or Contamination
Anything arising from pollution or contamination, unless caused by
a sudden and unexpected accident which can be identified, or by
oil leaking from a domestic oil installation at your home.

6. Deliberate or Criminal Acts

Any loss or damage
a. deliberately caused by; or
b. arising from a criminal act caused by;
you or any other person living with you.

7. Events before the cover start date

Anything which occurred before the cover under this policy
started.

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J25713_CHDHG13985_0118.indd 23 1/16/18 12:00 PM
 Please call 0800 015 7760 if you would like to receive this information in
an alternative format such as large print, Braille or audio.
M&S Bank is a trading name of Marks & Spencer Financial Services plc. Registered in England No. 1772585. Registered office: Kings Meadow,
Chester, CH99 9FB. Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential
Regulation Authority. Marks & Spencer Financial Services plc is entered in the Financial Services Register under reference number 151427. M&S
Bank is part of the HSBC Group. Marks & Spencer is a registered trademark of Marks and Spencer plc and is used under licence. © Marks &
Spencer Financial Services plc 2018. All rights reserved.

CHDHG13985 (V35) 01.2018

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