Interesting - the policy being referenced above is Essentials!! which suggests yet more confusion from Insurance providers! John please find the same clause in the Premier Policy?
Certainly, page 34:
“no cover will be provided to you under the Policy. Instead, your Insurer’s liability will be restricted to meeting the obligations as required by Road Traffic Act or alternative laws that apply in the country in which the loss occurs. In such circumstances, Insurers may seek to recover from you, or the driver, any sums paid by the Insurer to discharge that person’s liability, whether in settlement or under a court judgement.”
CPWP, I am not on the side of the insurance companies. As I said before I am simply setting out the case they will rely on in court, to help you focus on the issues you need to focus on rather than what you have been quoting before.
The wording is in bold, but like the other one I quoted, it is tucked away in section 12 under the title “Where you live”.
You could argue that this would not be a section you would be expected to read as a UK policy would always be expected to cover the UK as a minimum’
My original thoughts that you should not sign the indemnity for them to settle ‘on my behalf’ still stands.
It says elsewhere in the policy on page 4 that it is their discretion as to if liability is admitted and a payout made:
“When defending or settling a claim, your Insurer is entitled to instruct the solicitors of their choice to act for you in any proceedings. If they feel it’s appropriate, your Insurer will be entitled to admit liability, for the costs covered under this Policy, on behalf of you or any person claiming indemnity under the Policy.
Such admissions may be made before or after legal proceedings start.”
You are being told that you are not being covered under the policy and you need to make it clear that you are NOT authorising them to make any admissions on your part.
They say they are excluding you from cover, you need to show that you are axcluding yourself from their right to make admissions in this case.
If they go ahead and pay out and they try to recover their compulsory costs they have to meet, they would have to prove that the accident was your fault to stand a realistic chance of succeeding.
Hopefully this settles the earlier claim: “ Yes I was reckless but No I am not accountable for 3rd party claims unless it is in the T's and C's - It isn't so I am not liable!! - ”