RAAC - PII implications
The market could move towards aggregating claims relating to RAAC, so that a
single aggregate limit would apply to all such claims, or they could exclude claims
relating to RAAC altogether for those with significant exposures.
We see no sign of either approach being suggested in the market and for the
moment at least it’s hard to see why it would be necessary for any PI insurer to
adopt a restrictive approach to covering such claims. We will continue to monitor the
situation carefully and report accordingly.
Conclusion and key takeaway
Watch out for the contract terms that you agree when undertaking any survey related
work in this sphere and, in particular, for any certification you are required to supply.
The ‘legacy’ issues here are not likely to be the main claims driver. That will be
whether – and how – professionals and contractors undertake the work to survey
and remediate buildings.
If that is done properly, with reasonable contracts and on a fair risk v. reward basis,
then industry will be able to safely help solve a problem not of their own making. If
onerous contracts and unqualified certificates amounting to guarantees become the
norm, then we risk a potential repeat of some of the problems of the ongoing fire
safety crisis which will help no-one.
We hope this brief overview of a fast-developing area is helpful and please do
contact your usual G&A contact should you wish to discuss any aspect of this
guidance further.
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