In Peters' post under the DPF removal thread he mentions claiming on the insurance, under the poor workmanship clause, in the event that a customer makes a claim for the removal of the DPF. I think that this could bring about a lot of arguing.
We currently are going through a claim. The customer supplies a re-conditioned engine for us to fit. Everything is ok, runs ok, goes through MOT ok, and is returned to customer who lays the vehicle up for a few months.
One day he jumps into the van, drives down the motorway and the engines seizes.
The engine is stripped by the re-conditioners who then blame us. Customer says he will claim off us. We submit all of the details to our insurance.
Even though we have £5M of Public Liability cover, the insurance company refused the claim. The reason given is quoted from the 'Policy Wording' (small print).
'We will not indemnify you against legal liability in respect of:-
damage to that part of any property on which you or any persons acting on your behalf are or have been working and which arises directly from such work'.
There is also another get out clause in the policy wording:-
'We will not indemnify you against legal liability in respect of:-
any advice, treatment, design formula or specification provided by you or on your behalf for a fee or in circumstances where a fee would normally be charged'.
This 'Policy Wording' is 100 pages long and you have to download it from their website.
This is a motor trade policy from Arista.
Basically they say we are not insured for jobs that go wrong. Only basic 3rd party cover for any other damage caused as a result of our work.
From our experience I don't think an insurance company will be willing to co-operate on a claim over DPF removal.
As I said this is currently a situation we are going through and we will be taking things further against the insurance broker and company next year.
Please guys' take the time to read your 'Policy Wording' (small print) carefully.
Sorry for the long post, I tried to keep it short.
Happy New Year everyone.
Andrew,
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