Insurance Policy: {{PolicyReferenceNumber}}

MyBuilder Plus "Contracted Works" Insurance Policy Wording

Introduction

Thank you for choosing this insurance through MyBuilder Plus Limited, an Appointed Representative of 3 Dimensional Insurance Limited. Your insurance has been underwritten on behalf of the insurer named in the schedule. Please read this wording, together with any endorsements and the schedule, very carefully. If anything is not correct, please tell us as soon as possible.

We always try to deliver the highest standards of service. Your views are important to us, so if you feel that our service is below the standard you would expect from MyBuilder Plus or the insurer, please contact MyBuilder Plus using the contact details shown in the 'Complaints' section.

Definitions

Words shown in bold type have the same meaning throughout this policy and are defined below.

Act of terrorism

An act, including using or threatening to use force or violence, which:

  1. is committed by a person or group of people, whether acting alone or in connection with an organisation or government; and
  2. is for political, religious, ideological or similar reasons. This includes trying to influence a government or to frighten the public or any section of the public.

Amount insured

The most the insurer will pay as shown in your schedule.

Communicable Disease

Any disease which can be transmitted by means of any substance or agent from any organism to another organism where:

  1. the substance or agent includes, but is not limited to, a virus, bacterium, parasite or other organism or any variation thereof, whether deemed living or not, and
  2. the method of transmission, whether direct or indirect, includes but is not limited to, airborne transmission, bodily fluid transmission, transmission from or to any surface or object, solid, liquid or gas or between organisms, and
  3. the disease, substance or agent can cause or threaten damage to human health or human welfare or can cause or threaten damage to, deterioration of, loss of value of, marketability of or loss of use of property insured hereunder.

Contract of works

The original contract you entered into with a contractor specifying the scope of work to be carried out for you, as shown in your schedule.

Contractor

The tradesperson, craftsperson, specialist or other person or company shown in your schedule that you chose and is registered on MyBuilder.com, to carry out work for you and with whom you have entered the contract of works.

Dispute Resolution

The Dispute Resolution process convened by MyBuilder Plus Limited in order to facilitate a resolution between you and your contractor to complete the scope of work specified in the contract of works.

Endorsement

A change to the terms of the policy agreed by us on behalf of the insurer in writing.

Insurer

Hiscox Insurance Company Limited.

Period of insurance

The time for which this policy is in force as shown in your schedule.

Policy

This insurance document and the schedule, including any endorsements.

Schedule

The document showing your name, your address and your insurance details that we sent you when we accepted this insurance or following any subsequent amendment to your cover, whichever is the more recent.

United Kingdom

England, Wales, Scotland and Northern Ireland.

We/us/our

MyBuilder Plus Limited, an Appointed Representative of 3 Dimensional Insurance Limited, which is authorised and regulated by the United Kingdom Financial Conduct Authority.

You/your

The policyholder named in the schedule and all permanent members of their household who live at the same address.

The insurer's promise to you

The insurer will:

  1. cover you in accordance with the terms and conditions of this policy in return for the premium you pay; and
  2. pay covered claims as quickly and efficiently as possible.

Your promise to us

You must:

  1. take care when providing any information we ask for and ensure that it is true, accurate and complete. Tell us if this information changes. If you are in any doubt, please talk to us. We will tell you if a change in information affects your insurance; and
  2. comply with the terms and conditions of this policy. If you do not, it may affect the validity of the policy, the insurer's ability to pay a claim or the amount the insurer pays in respect of a claim.

What is covered

If, during the period of insurance and for any reason outside your control, your contractor:

  1. fails to complete the works stated in the contract of works; or
  2. fails to complete the works to the specified standard stated in the contract of works; or
  3. completes the works, but at a standard considered to be sub-standard according to industry norms or in a way that does not meet current applicable building regulations; or
  4. behaves in such a way that leads to an irrevocable breakdown of your relationship with the contractor; or
  5. enters into administration or otherwise becomes insolvent prior to the works being completed,

the insurer will pay the additional costs incurred to have the works completed to the standard specified in the contract of works.

What is not covered

The insurer will not:

  1. pay for additional costs incurred as a result of:
    1. time delays, whether specified or not within the contract;
    2. the failure to complete due to a lack of appropriate planning permissions or other regulatory restrictions;
    3. damage to your building or outbuildings;
    4. damage to your garden, whether or not rubbish and waste material has been deposited without your permission on your land;
    5. the discovery of items of archaeological interest; or
    6. using materials and supplies provided by you which are not specified in the contract of works and the schedule.
  2. pay for additional costs incurred where the contractor is your relative or close friend.
  3. pay for or cover any loss or cost:
    1. if you have waived the insurer's right to take proceedings in your name to recover, for the insurer's benefit, the amount of any payment the insurer would have made under this policy;
    2. arising out of a deliberate or dishonest act by you or anyone acting on your behalf;
    3. directly or indirectly due to:
      1. biological or chemical contamination; or
      2. any failure in the supply of gas, water, electricity or phone service to your home;
    4. which is caused by an act of terrorism;
    5. directly or indirectly due to any nuclear reaction, nuclear radiation or radioactive contamination;
    6. directly or indirectly due to war, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power;
    7. directly or indirectly due to any property being confiscated, taken, damaged or destroyed by or under the order of any government or public or local authority;
    8. that would be covered under another insurance if this policy did not exist;
    9. directly or indirectly due to the loss or distortion of information resulting from computer error or malfunction or computer virus.
  4. pay for or cover:

    any loss, damage, claim, cost, expense or other sum, directly or indirectly arising out of, attributable to, or occurring concurrently or in any sequence with a Communicable Disease or the fear or threat (whether actual or perceived) of a Communicable Disease. For the purposes of this endorsement, loss, damage, claim, cost, expense or other sum, includes, but is not limited to, any cost to clean-up, detoxify, remove, monitor or test for a Communicable Disease.

How much the insurer will pay

Your schedule will show the amount insured, which is the maximum amount the insurer will pay for each agreed claim. The insurer will not pay any cost incurred by you in preparing a claim.

The insurer will pay, up to the amount insured, all reasonable additional costs beyond the original contract of works value incurred in finishing, rectifying or remedying the works to the specification stated in the contract of works or to comply with applicable building regulations in force when the work specified in the contract of works was carried out.

Any amount owed by you to the contractor, that has not been paid by you, must be applied to the cost of finishing, rectifying or remedying the works to the specification stated in the contract of works. This outstanding amount owed by you will be deducted from any amount the insurer will pay.

How to make a claim

In order for us to deal with your claim you must:

  1. tell us by visiting www.mybuilder-plus.com/make-a-claim or emailing claims@mybuilder-plus.com as soon as possible if something has happened which may result in you making a claim so that we can tell the insurer: the insurer will not pay any claim unless they are notified before any additional cost is incurred;
  2. not admit responsibility or make any offer of payment without our prior agreement;
  3. send any correspondence regarding a claim to us as soon as you can;
  4. give us and the insurer all the cooperation needed to investigate and resolve your claim, providing any other relevant information and documents reasonably required;
  5. allow us or the insurer to start recovery proceedings in your name and provide all the assistance needed to do this.

If you do not, the insurer may reduce any payment they make under this policy by an amount equal to any detriment they have suffered as a result of your failure to comply with these obligations. You must also comply with any other conditions contained within this policy.

Information you have given us

Reasonable care

The information you give to us is important as it is used in setting the terms and premium for the policy. You must take reasonable care not to give us information that is untrue, incomplete or inaccurate.

Deliberately or recklessly given information

If you deliberately or recklessly provide us with false information, we and the insurer will treat this policy as if it never existed and refuse all claims. You must then repay any payments already made by the insurer under the policy and we will not return the premium to you.

Carelessly given information

If you acted carelessly when giving us your information, several things could happen:

  1. if we provided insurance cover that we would not otherwise have offered, we and the insurer will treat this insurance as if it had never existed. If this happens, we will give you back your premium and you must repay any payments already made by the insurer under this policy;
  2. if we would have insured you on different terms, we will amend this policy retrospectively and apply these amended terms to all claims under this policy, including any claims you have already made; or
  3. if we would have charged you more premium if you had provided accurate information, you must pay us the difference between the premium we actually charged and the premium we would have charged. We may deduct this amount from any claim payment.

Your obligation

You must always try to prevent accident or injury and protect your property against loss or damage. If you do not, the insurer may reduce any payment they make under this policy by an amount equal to any detriment they have suffered as a result of your failure to comply with this obligation.

Conditions

Governing law

Unless agreed otherwise in writing, this policy is governed by the laws of England, and any disputes in relation to this policy will be dealt with in the courts of England and Wales.

Fraudulent claims

If any claim you make is in any way dishonest, exaggerated or fraudulent then we or the insurer will:

  1. refuse to make any payment in respect of the dishonest, exaggerated or fraudulent claim;
  2. tell you that we are terminating your policy and back-date the termination to the date of the fraud, dishonesty or exaggeration;
  3. refuse to make any payment under this policy in respect of any claim made or any loss occurring on or after the date of the fraud, dishonesty or exaggeration; and
  4. not return any premium.
  5. If the insurer has paid any claims after the date of any fraud, dishonesty or exaggeration, you must pay them back.

Dispute resolution

The insurer will not make any payment for a claim under this policy unless you have first participated in Dispute Resolution in earnest.

Access to your property

You must allow access to your property by any tradesperson, craftsperson, specialist or other person approved by MyBuilder Plus Limited in order to assess any work already completed and/or to quote for the completion of the works detailed in the contract of works. If you fail to do so, the insurer may reduce any payment they make under this policy by an amount equal to any detriment they have suffered as a result of your failure to comply with this condition.

Third parties

No third party will have any right, or be able to enforce any term of this policy, under the Contracts (Rights of Third Parties) Act 1999 or any similar or successor legislation. This does not affect the rights or remedies available to a third party which exists apart from this Act.

Cooling-off / Cancellation by you

If for any reason you feel that this policy is not right for you, you can cancel the policy within 15 days of insuring with us. If you have not made a claim and if the work specified in the contract of works has not been started or completed during these 15 days, we will return your premium in full.

If you cancel your policy after 15 days or the work specified in the contract of works has already started, no premium will be returned to you.

Cancellation by us

We may cancel this policy, but we will only do so for a valid reason and only after giving you notice in writing, and we will return your premium in full.

Renewal

This policy is not renewable but you may ask us to extend the period of insurance.

Premium payment

The insurer will not make any payment under this policy unless you have paid the premium due to us.

If you make a claim under the policy and any premium is still due to us, we will deduct any premium that is due to us from any payment made under this policy.

Complaints

We pride ourselves on providing a first class, reliable and efficient service to all of our customers. Complaints are key to monitoring and improving our service and wherever possible, we seek to prevent recurrence of a problem.

If you wish to make a complaint, we can be contacted at:

The Managing Director
MyBuilder Plus Limited
31a Clerkenwell Close
London
EC1R 0AT
Telephone: +442038713315
Email: complaints@mybuilder-plus.com

Alternatively, you may wish to make a complaint to the insurer. Their contact details are as follows:

Hiscox Customer Relations
The Hiscox Building
Peasholme Green
York YO1 7PR
Telephone: +44 (0)800 116 4627 or +44 (0)1904 681 198
Email: customer.relations@hiscox.com

In any communication to us or the insurer, please quote the policy number shown in your schedule.

If you remain dissatisfied after we or the insurer have considered your complaint, you may also be able to refer your complaint to the Financial Ombudsman Service without affecting your legal rights.

Their address is:

The Financial Ombudsman Service
Exchange Tower
London E14 9SR
Telephone: 0800 023 4567 (calls to this number within the United Kingdom are free on mobile phones and landlines) 0300 123 9123 (calls to this number within the United Kingdom cost no more than 01 and 02 numbers) +44 20 7964 1000 from outside the United Kingdom.
Email: complaint.info@financial-ombudsman.org.uk

You can access a consumer leaflet or complaint form in alternative languages by visiting www.financial-ombudsman.org.uk/help/languages.html

The Financial Ombudsman Service is an independent service in the United Kingdom for settling disputes between consumers and businesses providing financial services.

You can find more information on the Financial Ombudsman Service at www.financial-ombudsman.org.uk

Data Protection Act 2018

MyBuilder Plus Limited is authorised and regulated by the Financial Conduct Authority, FRN: 845893. Registered in England and Wales. Registered no: 12063189. Registered office: 31a Clerkenwell Close, London, EC1R 0AT.

We collect and process information about you in order to provide insurance policies and to process claims. Your information is also used for business purposes such as fraud prevention and detection and financial management. This may involve sharing your information with, and obtaining information about you from our group companies and third parties such as insurers, brokers, loss adjusters, credit reference agencies, service providers, professional advisors, our regulators or fraud prevention agencies.

We may record telephone calls to help us monitor and improve the service we provide.

For further information on how your information is used by us and the insurer and your rights in relation to your information please see our privacy policy at www.mybuilder.com/privacy-notice.

Schedule

Insurer:
The policy is underwritten by Hiscox Underwriting Limited (registered in England, company number 02372789, and authorised and regulated by the Financial Conduct Authority) on behalf of Hiscox Insurance Company Limited (registered in England, company number 00070234, and authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority)
Product:
MyBuilder Plus
Policy reference number:
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Premium:
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IPT:
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Amount insured:
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Broker:
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Policyholder:
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Policyholders address / insured property (both if different):
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Policy start date:
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Expiry date / policy period:
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Insured building works:
See contract of works
Named contractor:
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Information provided by you when you applied for this MyBuilder Plus policy:

Are you providing any materials, fixtures or fittings?
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Have you been refused any insurance before?
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Have you received a criminal conviction in the last 5 years?
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Are you close personal friends or related to the tradesperson you are hiring for these works?
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