Riots and damage compensation

[denso13]

Don't get another thread locked guys...

 

[kingandy2nd]

Riot compensation

Provides information on entitlements and the process for making a claim for victims who have suffered damage as a result of a riot.

www.gov.uk

 

[Mrs Ten Names]

Nah. They’ve got money to burn, they’ll just swallow those costs, won’t they?

No, they don't just swallow increases in expense, they collect more taxes.

 

[Mrs Ten Names]

Riot compensation

Provides information on entitlements and the process for making a claim for victims who have suffered damage as a result of a riot.

www.gov.uk

It only applies to riots. If they're re-categorised as political disturbances, the compensation scheme doesn't apply.

In addition, a small change of the description of the disturbance could render the insurance null.

https://www.abi.org.uk/globalassets/sitecore/files/documents/publications/public/migrated/riots/recovering-after-riots-abi-guidance-for-property-owners-and-businesses.pdf

 

[kingandy2nd]

It only applies to riots. If they're re-categorised as political disturbances, the compensation scheme doesn't apply.

Public Order Act 1986

An Act to abolish the common law offences of riot, rout, unlawful assembly and affray and certain statutory offences relating to public order; to create new offences relating to public order; to control public processions and assemblies; to control the stirring up of racial hatred; to provide...

www.legislation.gov.uk

 

[Mrs Ten Names]

Public Order Act 1986

An Act to abolish the common law offences of riot, rout, unlawful assembly and affray and certain statutory offences relating to public order; to create new offences relating to public order; to control public processions and assemblies; to control the stirring up of racial hatred; to provide...

www.legislation.gov.uk

The term civil commotion refers to a public gathering of a large number of people that results in property damage. It is generally the result of a revolt or riot by a large number of people that occurs in a public space.

The Act only applies to a riot and doesn’t apply to damage caused by civil commotion, strikes or political disturbances,

The cover by insurance depends on the label given to the 'disturbances'.

 

[kingandy2nd]

The cover by insurance depends on the label given to the 'disturbances'.

This thread is about the Riot Compensation Act of 2016.

I have provided you with the definition of a riot under legislation, all the disturbances we’ve seen the past few days would be classed as riots.

If a person or company had insurance, but the insurance determined the loss not to be covered under the terms of their wording, then the insured could claim directly from the local authorities under the act.

 

[Mrs Ten Names]

This thread is about the Riot Compensation Act of 2016.
...

If a person or company had insurance, but the insurance determined the loss not to be covered under the terms of their wording, then the insured could claim directly from the local authorities under the act.

Agreed.

I have provided you with the definition of a riot under legislation, all the disturbances we’ve seen the past few days would be classed as riots.

But if the disturbances are re-categorised as political disturbances or civil commotion, there is (possibly) no insurance cover, nor compensation scheme.

 

[kingandy2nd]

Agreed.


But if the disturbances are re-categorised as political disturbances or civil commotion, there is (possibly) no insurance cover, nor compensation scheme.

The legislation is quite clear.

 

[Mottie]

 

[Mrs Ten Names]

The legislation is quite clear.

Is it?
A riot is covered, but civil commotion or political disturbance isn't.
Who 'labels' the events?

 

[Mrs Ten Names]

View attachment 351375View attachment 351376

Riot and Civil Commotion -- Both a riot and a civil commotion involve a revolt by a gathering of people in a public place. A civil commotion is similar to a riot, but involves a greater number of people. Riot and civil commotion can be difficult to differentiate.

Damage as a result of an isolated riot is usually covered under standard all-risks property policies. But if it is no longer an isolated incident, it can be seen as civil unrest,

A suggested definition for ‘civil unrest’ is as follows: a term that includes limited political violence (such as acts of ‘terrorism’, individual assassinations, etc.), sporadic violent collective action (such as riots), or nonviolent and mildly violent collective action (such as protests, demonstrations, etc.) – all of which tend to take place in times of peace

The meaning of “riot” and “civil commotion” Amongst the terms most commonly used in FM (Force Majeure) clauses are "riot" and "civil commotion". What constitutes a “riot” is defined in English criminal law. The definition requires the involvement of at least three people with a common purpose, and the use of force or violence to accomplish that purpose, in a manner that would cause alarm. The meaning of “civil commotion” is discussed in case law relating to insurance policies. It is described as “tumult and violence on a large scale”, “disturbances” with “sufficient cohesion to prevent them from being the work of a mindless mob” and involving a “really substantial proportion of the populace”.

 

[Mottie]

You can lead a horse to water…..

 

[kingandy2nd]

Is it?
A riot is covered, but civil commotion or political disturbance isn't.
Who 'labels' the events?

Yes. If you choose to read it, which I guess you did not.

Riot.​

(1)Where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot.

(2)It is immaterial whether or not the 12 or more use or threaten unlawful violence simultaneously.

(3)The common purpose may be inferred from conduct.

(4)No person of reasonable firmness need actually be, or be likely to be, present at the scene.

(5)Riot may be committed in private as well as in public places.

(6)A person guilty of riot is liable on conviction on indictment to imprisonment for a term not exceeding ten years or a fine or both.

 

[Mrs Ten Names]

Yes. If you choose to read it, which I guess you did not.

Riot.​

(1)Where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot.

(2)It is immaterial whether or not the 12 or more use or threaten unlawful violence simultaneously.

(3)The common purpose may be inferred from conduct.

(4)No person of reasonable firmness need actually be, or be likely to be, present at the scene.

(5)Riot may be committed in private as well as in public places.

(6)A person guilty of riot is liable on conviction on indictment to imprisonment for a term not exceeding ten years or a fine or both.

Which definition do you think most aptly applies:

What constitutes a “riot” is defined in English criminal law. The definition requires the involvement of at least three people with a common purpose, and the use of force or violence to accomplish that purpose, in a manner that would cause alarm. The meaning of “civil commotion” is discussed in case law relating to insurance policies. It is described as “tumult and violence on a large scale”, “disturbances” with “sufficient cohesion to prevent them from being the work of a mindless mob” and involving a “really substantial proportion of the populace”.

The criminal definition covers the criminal acts.
The definition for insurance purposes is defined by case law.
We're discussing insurance cover.